1928-11-03 — Page 18

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THE HONGKONG TELEGRAPH, SATURDAY, NOVEMBER 3, 1928,

DOUBLE MURDER.

PRISONER ‘ACQUITTED OF

CAPITAL CHARGE.

After several hearings, Mr. W. Schoflold disposed of the Woosung Street murder case yesterday afternoon when he found that there was insufficient circumstan- tini evidenco to justify the com- mittal of the prisoner, who was

ial charge.

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Shantung will allow tho Nation- Mr. H. Somerset Fitzroy con-alist forces to cross railway zone slueted the case for the Crown to attack Elu Chen-nien, provided Godown on and after 3rd November,

with Hin-shing Lo (instructed by:

Mr. J. M. Hall), for the defence, adequate guarantees are given Mr. J. M. Remedios held a watch- | for the safety of Japanese life and ing brief on behalf of the relatives | property-Reuter. of the deceased.

At the conclusion of the ense for the Crown, his Worship re- marked that there was no direct evidence of the defendant's guilt and the indirect evidenco consist ed of a dying declaration made by one of the deceased men to- gether with a certain amount of circumstantial evidence.

Mr. Fitzroy pointed out that the motive for the murder had been 'shown by evidence of the quarrela and threats used by the prisoner to the deceased.

ever

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A broken, chafed, and damaged goods are to be left in the Godowns, it was not as a matter of form where they will be examined on any but in perfect seriousness that he Tuesdays and Fridays between the must submit there was no case hours of 19.45 9.m. and noon within for him to answer

nor any evi-ho free storage period. dence to commit the prisoner. No claims will be admitted after. No intelligent jury would

the Goods have left the steamer's convict on such evidence as proumlelivered after the 8th November, +MENELAUS"

Godown and a gends remaining LONDON SERVICE duced by the Crown. The COAC will be subject to rent. for the prosecution was based on

All Claims against the Steamer evidence of a most flimsy nature. must be presented to the undersigned The Crown case, said Mr. Lo, on or before the 23rd November, or was based on sonic supernatural they will not be recognized. reason of someone dead or alive. There had not hitherto been a wenker murder case presented by the Crown than that in which his

Beyond

BUTTERFIELD & SWIRE,

Agents. Hongkong, 3rd November, 1928.

His Worship replied that that of course formed part of the circum- stantial evidence. There was, his Worship, observed, serious weak-client was arraigned on the capi- "SKOTOGRAPH" RIDDLE

news in the evidence,

[

charge yesterday.

LIFT THE VEIL....

of the prosecution and pointed out

Mr. Lo reviewed the evidence JAPANESE DOCTOR FAILS TO that while the uncle had stated that he had supported his nephew,

Mr. Fitzroy pointed out to his suspicions there was not one iotn Worship that the gullt or inno- of evidence, cence of the prisoner was not for that Court to decide. All tht his Worship was required to give à decision on was whether is Worship was convinced that there was a probable presumption of the prisoner's guilt or that the evi- dence justified his committal for trial.

Conflict of Evidence. '

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"HECTOR"- "PERSEUS" the shop, another witness had salder, one of the deceased men, to is still ng wrapped in mystery ns

Its elucidation by Dr. PASSENGER that he had seen the man walk Fukurai, a Japanese professor, was ""ANTENOR" back unsupported.

Acheduled to take place before tho

*"RECTOR" London Spiritualist Alliance, but the explanation failed to explain anything

It was not necessary for him (Mr. Lo) to suggest that the uncle His Worship intimated that the also accused the Chinese detec- had perjured himself. Mr. Lo Indirect evidence of the dying delives of contaminating the evi- claration had been proved to be dence and coaching the uncle, as false in one particular.

was betrayed by his ехсева enthusiasm in getting. Mr. Lo's innocent client convicted.

of

·

No doubt Dr. Fukura has a real It was all a little unfortunate.

message to deliver or

a story to tell, but his limited knowledge of English proved a serious handi- cap.

·

le proceeded to read a long thesis in English, about one word Infty which was intelligible. One gathered the rough impression that he was comparing the Enstern and Western conceptions of life after death, but, after a quarter of un hour, even the combination of

Mr. Fitzroy: That being? His Worship pointed out that hoth the prisoner's and his bro- ther's names had been called out by the deceased, while the pri soner's brother, who was original- ly charged, had been acquitted on the application of the prosecution,

Mr. Fitzroy replied that the bro-Referring to the prisoner's pre-English politeness and spiritualistic

ther had been seen at 4 a.m. at No. 602 Queen's Road and again at G a.m. It was possible for him to have gone to Yaumati and then returned to Queen's Road again between those two times. Ho (Mr. Fitzroy) could not, however,

The Deceased's Statement. Mr. Lo pointed out that it was not up to him to prove any clibt before the prosecution had made out their case.

The Tactful Chairman.

sence on the Macao wharf, Mr. enthusiasm gave it up.

o said that it was a habit among Chinese to have they desired sont anywhere de- any message

The Chairman was then urged to Hivered early and not to wait un-read the thesis himself. com- til the eleventh hour. If the municated this desire to tho prisoner wore guilty, Mr.

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murder on that evidence.

Speaking of the defendant's whereabouts on that night, Mr. Fitzroy said that no one had seen him in Kowloon between the after- noon of September 18 and the time when he was arrested at the Macao wharf the following morn ing, nor had any evidence seen produced to show that he was in |Hongkong during that time.

Mr. Fitzroy submitted that there was a prima facie case made out.

Lo lecturer. "Yes, yes," replied the

waited until the boat was just went on reading quicker than bo- about to sail before going on fore, board. The accused, said Mr. Lo, was the victim of circumstances.

A

Eventually ho read himself to a standstill, and the Chairman, with commendable tart, gently relieved Hie Worship said that he did him of his manuscrit, which he not think that there was sufficient proceeded to read himself-with a evidence to justify the case being strong Scota accent. committed for trial. Even if it was nasumed there was a dying this: Certain Japanese gentlemen The general Idea seemed to be declaration of the nature describ had gathered together with ed, his Worship could not accept packet of unexposed photographic that the prisoner's brother took plates. One of them had thought any part in the murder, with his hard of the Image of a certain own hands at any rate. Whether Prince, willing this to appear upon the deceased mount that the pri- the fifth plate in the packet. On soner's brother had had instigat- the fifth plate being developed the ed the crime, his Worship could desired picture was found. not shy. It was possible also that the prisoner had taken no partia

"May we see a picture?" asked Becker after Truth. Dr. in the murder and when the de- Fukurai's memory is traditionally censed had called out his name, professorial. He had forgotten his be (the deceased) might have photographs and mislaid his secre- meant that the prisoner had mere- tary-interpreter. Mr. Lo was then asked to ad-ly instigated the crime..

A rather unfortunate evening al- dress the Court, Mr. Lo said that The defendant was. discharged. together.

His Worship, reverting to the evidence of the dying declaration said that it was by no means entis- factory. There had been no cor- roboration of the evidence of the uncle who was sleeping in the rear cubicle in the shop.

Counsel's Submission.

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