1929-12-04 — Page 2

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£

DOCK SHOOTING INCIDENT.

ACQUITTAL ON CHARGE OF MANSLAUGHTER..

MARRIOTT CASE ENDS.

Mr. Henry ("Kld") Murriott was acquitted of a charge of man- slaughter by Mr. W. Schould, at the Kowloon Magistracy yesterday without the defence being called upon to open their case, Mr. F. C. Jenkin successfully submitting that there was no evidence to Justify committal.

According to the evidence of the medical officers at the Kowloon Hospital the deceased had a per- forated wound in his abdomen as well as a fractured forearm. His pulse was normal and on Where being no algna of internal haemorrhage he was transferred to the Government Civil Hospital where there lo special accommoda- tion for Indians.

Dr. T. W. Ware, medical officer of the Government Civil Hospital, stated that on the admission of the deceased to hospital he decided that an immediate operation was neguя- sury. The deceased was given gen- eral anaesthetic and the site of the injury was explored. Witness found that the portion of large bowel which lies" in contact with the abdominal wall had a small per- foration considerably smuller thai that in the skin.

Witness said that he looked for a bullet or foreign body but none could be found. Later the de- censed's condition, became wors and, although everything possible was done, he died the following day.

Speaking of the post mortem ex- umination witness said that there was very little haemorrhage from the original injury and none of the intestinal contents had escaped from the perforation. Another search was made for the bullet but without success. The deceased had no peritonitis and as he had not suffered from shock witness

suid that he was rather puzzled no to the cause of his death.

Uraemin Causes Death.

The witness then described the deceased's general condition and Rail that death was due to uraemia following general anesthesia. Wit- ness intimated that had he known the condition of the deceased': kidney he would have given ilm local in preference to general ungsthesia. Later witness explain- ed that uremia was the poisoning of the system by unknown sub- stances, “lu, the present case there were visible, syniploms of anemia but it could not have been dis- covered before the operation; even a test of urine would not have been decisive,

Witness said that the deceased was taken to the X Ray room but no signs of any bullet were found.

The injury on the forearm was a Jagged fracture and the broken end of the cha was splintered. It was hard to say if the abdominal per- foration was straight or slanting but he thought it was nearly straight. The injury was aothing like that caused by a bullet.

The skin wound on the abdomen, said witness, was square and not round. He was inclined to believe It might have been caused by the broken end of the man's own ulna; it looked just like a stab 'wound.

At the conclusion of the medical evidence Mr. Jenkin submitted that there was no evidence to show that the injuries were caused by a bullet and applied for the acquittal of the defendant but his Worship intimated that it was too early to decide that the deceased was not killed by the defendunt.

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for the breech being empty. He and Inter when visiting the various What Crown Must Prove, enw no indications that the pistolmen in accordance with his duty, Mr. Jenkin continued the pro- had been recently fired. From the he came upon the deceased near the secution had to prove their case report, made by the defendunt wit seawall. As he was approaching without the aid of any of the evi- ness said that he expected to find him the defendant was walking to-dence of the defence. There were the live "round in the breech. He wards the deceased from behind. two essential matters which had to could not see any reason why i Witness did not speak to the de-be proved before a verdict of guilty was not there.

ceased who remarked "all right" could be secured against the defen- Subsequently, on the Instructions and then witness passed him. As dunt. It had to be proved that the been of the Deputy Superintendent of soon as he had gone about three death of the deceased had

released Polled, witness

the de- yards past the deceased witness caused by the default of the ac- fendant.

heard a revolver shot.

cused and that it had to be proved. Photographs taken of the accDe On looking round witness said before a jury functioning properly of the accident were then produced that he saw A revolver on the could convict, that he had acted by Sub-Inspector. Vincent, while ground and then qualified his state- with such reckless disregard "for Detective Inspector Fallon produced ment by saying that he saw the de-the safety of the Indian that the the defendant's statement made in fendant drop the weapon. When act amounted to a crime or felony. answer to the charge.

was not witness went to the assistanco of

question of the deceased the latter aald. Anegligence or no negligence but the shot has struck me; help me." issue which justified conviction Witness mentioned that he later must be a question of felon or no saw the defendant pick up the re-felon. The act had to be motivated by fierce cruelty, bitterness and the

It

1

Sergeant Scott, Police Armourer, sold that he examined the pistol which was a 38, Witness and also been given a live round and an emply cartridge. On examination volver... of the barrel of the pistol witness

In reply to Mr. Jenkin witness like. It had to be shown that the said that the pistol had been fired said that the defendant actually man's conduct had been a disregard recently. The pistol and the safety approached the deceased first. He of the rules of safety and that there cutch were both in good working disagreed that he was talking to had been a wicked intention, gross the deceased when the defendant negligence or carelessness. It had In reply to his Worship witness walked up to them. He had not to be shown that there had been dis- Plans of the vicinity were pro- said that the pistol had been fired made a mistake when he stated he regard for the life of the unfor tunate Indian to warrant the' des duced by Mr. M, 1. de Ville, while within a week.

saw the defendant pick up the re- Answering Mr. Jenkin witness volver.

fendant being dubbed a felon, Inspector Stimson of the Hunghom said that if when fired a cartridgo

Mr. Jenkin submitted that on the Mr. Androwes Intimated that Station gave evidence of having did not go from the magazine to that closed the case for the Crown. evidence of the prosecution there reerived a report from the defen- the break the mechanism of the dant, whom he detained. Witness

Formul Evidence. :

condition.

Mr. Jenkin briefly submitted that was not the slightest indication that was handed an automatic pistol magazine would be faulty. Witness there was not evidence to justify there had been any disregard for which he examined. The striker could not speak of the condition of the committal of the defendant and the Indian's life.

Referring to the relationship be- was down and the, safety catch at the pistol on November 10, he havpointed out that the evidence had "Gre." On taking out the magazine in examined it on November 12.to be taken as it had been given tween the defendant and the witch- witness found one live round. The

Indian Sergeant Called. to the Court. They had to confinemen, Mr. Jenkin eald no evidence breech was empty.

themselves to the testimony that had been called in order to save the An Indian Sergeant watchman had the that time of the court but Mr. Androwes said that he paraded the men for speculate on evidence that was had stated that the terms between duty at 3.65 pm. on November 101 forthcoming,

(Continued on Page 13.)

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