1928-12-20 — Page 2

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INDIAN CONSTABLE

DISCHARGED.

#

INSUFFICIENT EVIDENCE

TO CONVICT.

The trial of Mowaz Khan, un Indian constable, on a charge of alleged rape against a Chinese! girl, 19 years of age, was con- cluded at the. Criminal. Sesalons yesterday, before the Chief Justice (Sir Henry Gollan).

re-

A difealt situation arose garding taking evidence from the girl, it being stated that she could Apeak a few words but could not understand what was said to her. In order to take her evidence, the mother was sworn in by special oath as interpreter, occupying a Bent with her daughter in front of the Pross box...

In reply to the Chief Justice, the mother said she made her daughter understand by signs and motions,

Sir Henry Gollan-Ask your daughter why she is here to-day.

The mother spoke to the girl, repeating certain words, to which the girl replied, the mother then intimating that her daughter did not understand.

Apparently to test her reapon- siveness to what was anid to her, the Chief Justice directed the mother to tall her daughter to pick up a book from Counsel's Lable, this being done after some Hittle explanation. In reply to another question put by the mother the girl said she had never ween the man in the dock before.

The mother said she spoke re- Kularly with her daughter, who understood no one but herself. When the mother was told to make her daughter repeat the usual onth, the girl said the words with considerable hesitation and did not appear to grasp their mean- ing. The Chief Justice directed the mother to let her daughter explain what a lie was, but after further conversation the old woman said her daughter muttered something which she could, not understand.

then

The Chief Justice commented that it was a very difficult posi- tion. The evidence of the girl had to be sworn and he thought the best thing to do was to go as far as possible and if the girl could not be made to understand then the evidence would have to be struck out.

Because of her inability to understand the outh, the girl was not called as a witness.

Other Evidence.

Evidence was given by the mother with regard to the com- plaint which her daughter made to her and of their subsequent movements.

Sulieman, Indian policeman B643, said he was with the prisoner at the time of the alleged offence, and stated that when they aw the girl the prisoner told him (witness) that he was going to ubey a call of nature. He seized the girl by the hand and they dis- appeared off the path. The girl did not struggle or cry out, Baid witness, nor did she say a word. When the prisoner caught hold of the giri, he muttered something which witness could not under- stand.. He did not drag the girl off the path but they both walked. Witness further stated that he waited for 20 minutes before the prisoner returned.

Formal police evidence, con- cluded the case for the Crown.

Defence Submission.

Mr. D'Almada aubmitted that he had no case to answer. Ile pointed out that the evidence given by Doctor Newton was just as consistent with consent as without, That evidence did not in any way imply an assault on the girl Also, there were marks of violence on her body.

Further, the evidence of Sulie-

man went to show that the act was

THE HONGKONG TELEGRAPH, THURSDAY. DECEMBER 20, 1928.

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not committed against her,con- Mr. D'Almada replied that al-she voluntarily committed the act jury could reasonably infer there ship said that he had given the serious thing that he should Rent. Counsel submitted that there was

no evidence to show though her mental development with the prisoner but subsequently was no consent. In this con- matter very careful consideration escape, but the onus was always had been arrested at a certain she felt so upset,, shocked and nexion, counsel urged that the and had also considered the on the Crown to establish the that the girl did not consent.

lis Lordship asked whether point in her life, it was arrested pained, that she felt it necessary whole of the girl's conduct after- authorities. He regretted very necessary elements which went to Was no One of the important elementa there was any evidence that the at such a point when she had to make some complaint to her wards, and the fact that the pri- much that he had to come to the prove the offence..

soner scized her by the hand, was conclusion that there

evidence to go to the jury. It was a in the present case, continued his girl'a state of mind was such that already attained the faculty of mother.

Arguing for the Crown, Mr. some evidence of ron-consent..

terrible case. If the prisoner was Lordahin,

that the act No Evidence.

most she was incapable of giving con-differentialing between right and

wrong and was able to make up Fitzroy contended that there was

(Continued on Page 16.) her mind. Counsel added that sufficient evidence from which the Addressing the jury, hie Lord- guilty of rape, it was a

Bent.

If you would see you

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SCOTT'S. -. EMULSION

SALESMAN $AM ·

(SAY) WHAT'S "TH' BIG

IDEA, CHIEF? THIS COP DRAGGED ME. DOWN HERE IN CONNECTION WITH A PLANNED ROBBERY

HOLDMER HOSSES,..

SAM! I GOTCHAHERE

TA OFFER YA A JOB

ON THE POLICE FORCE = "MEMBER

[OF TH' GUZZLEM STORE=/HOW YA SAVED "TH'

HE CHARGES ME WITH

BEIN IN ON IT!

SHECKLES JEWELS? WELL I THINK YOU'LL MAKE A DERN GOOD

COPPER!

TEARFULTERRY

THIS GABY IS

WANTED FOR CRYING GOT

LOUD

WET VARNIS

The Robbery Is Explained

ITS ALREADY

BEEN

WHAT? YOU'RE OFFERIN' ME A JOB As a cop? WIN-ER - GOSH - SURE! WILL TAKE IT! BUT WHATS / ROBBED, TH' DOPE ABOUT" GUZZ'S NOW!

STORE?

WHADDA YA MEAN? WHO DID

IT?

WHY YOU ANTI DID IT, YA NINNY I WHEN YA ACCEPTED

TH' COP JOB I

OFFERED HAT

NOTICE

LAY OFFA THE

PRISONER'S SONG-

WA#

By Small

WE ROBBED,GUZZ OF HIS VERY,

BEST CLERK!!

!