1929-03-30 — Page 3

FOR EASTER

New Shipment of LADIES' HATS

EASTER EGGS & CHOCOLATES

AT SINCERE'S

THE ECONOMICAL SHOPPING CENTRE

GRAND

TINS

of

50

22

Des Voeux Road C.

Yours Truly

CORONAS

TINS

of

50

'Phone Central

1856

OLD TAYLOR

SCOTCH WHISKY

AGED

BY

TIME

JOHN TAYLOR & CO.

KIRKCALDY, SCOTLAND.

BOLE AGENTS:—

N. S. MOSES & CO., LTD.

For the Boat

LOCAL VIEWS

and

PORTRAIT PHOTOGRAPHS

Go To

MEE CHEUNG

Studio, Igs House Bt.

Branch 7, Beaconsfield Arcade,

THE HONGKONG TELEGRAPH,

YAUMATI SHOOTING

TRAGEDY.

NO GROSS WANT OF CARE BY POLICE.

COMPENSATION URGED.

SATURDAY, MARCH 30, 1929,

Violence alleged. The fugitive was alleged to have atolon a ro volver and to have been in possca- sion of a revolver, but no crime of violence such as a robbory or mure der, had been suggested by any. body. With regard to the unlaw ful posacasion of arms, that also need not be considered because the rule said "resisting arrest," The Coroner såld that it was held in law that resisting arrest mennt That there had been no gross something more than simply run- want of care on the part of Ser-ning away. There had to be some. geant Henderson, who was found thing of the nature of a struggle. to have dired the shot which Killed a little girl at Dundas Street on March 8, was the essence of the verdict of the Jury who assisted | Mr. T. S. Whyte Smith at the Kow- "Now gentlemen," continued the loon Magletracy yesterday after- Coroner, "we come to another rulo noon to investigate the circum- which is not mentioned in the Polico stances of the girl's tragic death.regulations; to a well established The jury, recorded an expression rule of Law, and that rule is that, of sympathy for the parents of the policeman is justified in firing unfortunate child, and asked if in self-defence and you will be re- the Police could soo their way to quírod, gentlemen, to consider this make some compensation to the rule very carefully," parents,

Mr. Murphy produced certified copies of the Polleo regulations regarding firing by officers,

The last regulation issued for the guidance of the Follte could also be disregarded, 'as no robbery had been suggested.

When the fugitivo was caught The first witness called was (eight hours later) ho had no, re- Detective Sub-Inspector Murphy.volvor in his possession, but of who corroborated the evidence course he might' have thrown It given by Sergeant Henderson the away during the flight. It must be previous day.

remembered that Sergeant Hender- son and Sub-Inspector Murphy both said that during the chase la the scavenging lane the 'fugitiva was seen to put his hand to his hip and both inferred from that: that he was on the point of taking out a revolver-the stolen revolver it must be remembered was Bus- pected to have been in his pdages- sion. Both Sergeant Henderson and Sub-Inspector Murphy hnd reason to believe that the man was armed..

The extract produced read "Police officers are instructed to fire in the following cireum

Blances:

1. If a man draws & weapon with the obvious intention of resisting arrest or search; 2. If a man suspected of a crime of violence or of unlaw ful possession of arms resista arrest or search and his rosis- tance cannot be overcome by other means:

Question of Self-Defence.

The fugitivo was never seen to draw a revolver, but the Coroner

3. If a man is suspected of hav-bald he thought a man may fire in ing just committed a robbery self-defence although no weapon and cannot otherwise be ar- had been pointed at him. It would rested,"

be rather unreasonable if a man, before he could fire, had to wait until his opponent had pointed a revolver at his head.. The Police were constantly taking big risks, and they required to be protected in some way, and the Coroner thought it would be rather hard if policemen had in every case Lo wait until a weapon was pointed at them before they fired.

* Girl Shot by Sgt. Henderson,

That concluded the evidence, and his Worship recorded the usual formal findings of the jury regarding the girl's name and ad- dress and the manner of her denth. In, recording the cause of death as described by the medical officer, the Coroner said that he would like the jury to supplement that by giving their finding as to who they considered fired the shot.

The foreman of the jury after consultation said that the Jury found that the Police fired the shot which killed the girl.

whether the indication of the man It was for the jury to decido by putting his hand to his hip was sufficient significance to justify Borgeant Hondorson firing at him.

A question which the jury had to answer was "Did Sergeant Hen- The Coroner replied that he re-derson fire in self-defence?"- If the quired the jury to stale which answer was in the affirmative, then Police officer fired the shot, and the jury would have to answer a the foreman said that they found further question and that was; that Sergeant Henderson Ared the "Assuming that he dred in self shot.

defence did he show reasonable care with regard to the other peo ple in the lane or the people at the water fountain?" In fact he question would be, "Did he or did he not show grona negligence?" It had to be put stronger than rea

Had he shown gross sonable care. negligence or gross want of care for the safety, of the other people in the street?

The Coroner: Do you say that it was one of the shots fred in the scavenging lane?

The foreman: Yes. The Coroner said that they now came to what he thought was the more difficult question in the mattor and that question, put very briefly, was, "Wne Sergeant Henderson to blame for the death of this girl?" Continuing, the Coroner said that he might give the jury some general principles of Law on the question, of shoot ing.

Hypothetical Cases,

Assuming the jury found that Sergeant Henderson was justified in firing in self-defence, the Coro- nor said that a man who fred in aelf-defence could hardly be ex- pected to consider where stray bullets would go. Ho 'would pro- If, said the Coroner, A fires at Band miases B but kills C; then bably be very excited and would the first question that had to be not see much except the fugitive asked was "Would it have been he was pursuing, the man who murder if the shot had killed B7 might be called his opponent.

Now Sergeant Henderson said the man he was aiming at." If it would have been the murder of B, that he did not notice the peoplo then it would be held to have been at the fountain as he came down the murder of C, although the shot the scavenging lane. Sub-Inspec- was not aimed at him.

tor Murphy also said that he did

man-

narrow

Now taking the same hypothesis not see them. It was G the second question which had to lane and also the fugitive was in be asked was whether. It would front of the Police. They did not have been manslaughter if A had even see people when they went killed B. If the answer were in past. This of course was becaAVAB went past the when the Polico the affirmative, that was to say.

people had run away and the only that it would have been slaughter, then the general rule person there was the little girl on was that A would be gulity of the the ground. One witness had death of C although he had not stated that she was lying near the fountain..on the opposite side of The third point was If the kill-the buckets to that on which the ing of B amounted to justifiable Police passed. homicide then A would not be Sub-Inspector Murphy had stat- guilty of murder or manslaughter. ed that Sergeant Henderson did The death of C In that case would not fire recklessly; he fired care- be "death by misadventure or mis- fully. However that was a ques- fortune,"

tion which the jury had to decide.

aimed at C.

There was another point which the Coroner said he wished to draw

The Verdict.

the attention of the jury to, and The jury retired, and in reply to that was (whether or not the the question as to whether Ser ahooting was justifiable) if a person geant Henderson had fired in self- fired recklessly, so as to show a defonce answered "Yea." gross disregard and care for the The answer to the question as to safety of bystanders, and one of whether he had shown

and

KTDEK the bystandera was killed, then the negligance killing would amount to man slaughter.

Police Raics Reviewed,

gross

Want of care for the safety of the gene- ral public, was "No."

The Coroner accordingly record. ed a verdict of "death by mis- They might, proceeded the Core-adventure." ner, torn to the Polles rules which The foreman of the jury record- the Jury had before them. Refer- ed an expression of sympathy to ring to the first instance the Coro-wards the parents of the unfortun- ner aald that the jury need notate girl, and naked if the Police. regard that one, as no weapon had could see their way to make some been drawn. The fugitive made a compensation to them. movement from which Bergeant The Coroner (to Mr. Murphy); Henderson thought he was going Perhaps you can see what can be to draw, but he never did draw and done? Do you think something that question need not be consld-can be done? "^. ered.

J

Mr. Murphy: Yes, I shall co The second could also be over-tainly bring the Jury's wishes to looked, as there was no crime of the notice of the authoritien.

KE

EASTER SUNDAY

March 31st, 1929.

BAND CONCERT

(Informal) by THE BAND

of the

2nd BATTN. THE KING'S OWN» SCOTTISH

BORDERERS

(by kind permission of Lieut-Colonel L.J. Comyn C.M.G., D.8.0. and Officers)

AT THE

PENINSULA HOTEL

IN THE

ROOF GARDEN Commencing at 8.15. p.m. Admission: $1.50

Tables or Scats may be Reserved-

at the

HONGKONG, PEAK, REPULSE BAY, or PENINSULA

HOTELS.

Diners in the Grill Room will be admitted free.

THE HONGKONG & SHANGHAI HOTELS, LTD.

Be sure that your food

EPT at ordinary tem- peratures, foods soon become unfit for use. Eyer before it possibly can be detected, spoilage

is safe to eat

is going on. Health is menaced by the rapid growth of harmful germs. But you can avoid all this- with Frigidaire/

This automatic

makes dainty, frozen desserts whenever you want them-as often as you wish.

Frigidaire operates without attention. It's air-cooled- no water required, no plumbing. necessary. It uses just ordinary electric current from a single counce tion. It's powerful, quiet, depend- able-efficient re-

refrigerator provides FRIGIDAIRE gardless of kitchen

the low tempera. : tures which halt bacterial activity on foods. It keeps raw and cooked edibles. in perfect condition --fresh, pure, health, ful-for days end. It uses noice. Yet it actually free- zea large ice cubes for every meal. Or it

on

PRODUCT OF GENERALE MOTORS

beat

or outdoor temperatures. And``. its operating cost is remarkably low, We'd like to tell you more about Frigidaire for your home. If conve nient, call at our show room to-day or at your first opportunity.

Sole Distributors for Hongkong and South China:

DODWELL & CO., LTD.

QUEEN'S BUILDINGS,

P. T. FARRELL

Consulting Engineor & Manufacturers' Representativ

Agencies for -

Bolinder's Crude Oil Engines Marino, Stationary and Lighting.

*WYANDOTTE" Boiler Cleaner and Cleanser..

Kingʻa Building, Top Wions:

Telephona Omical 4425, Telegraphie Address✨ #7 FAREEKING

A SMALL-DUT CHOICE STOCK OF GENUINE

Chinese Antiques

MAY BE SEEN AT-

THE UNION STORE

37, Das Vaser Road, Central,

Caliselera. Ayösially lärijaż.