·ན་
+
JURY UNABLE TO CONVICT.
(Continued from Page 1.)
THE HONGKONG TELEGRAPH,
parades of that class, then they had to be conducted with the review on the question identi-highest regard for the safety of
Acation.
Dickman
Jenkin, was perhaps that she had to identify three men and, not desiring to identify Yeung Chan, she had to identify the first ac cused to make the total three. But
not
MONDAY, MAY 12, 1930.
CHAMPIONS CASH SWEEPS.
HOSPITAL STRIKE IN SINGAPORE.
AT SHANGHAI,
· SERVANTS WHO POSTED “RED” LITERATURE.
accused and there should not be any possibility of suggesting, as Parade Criticised.
he (counsel) did suggest, however Mr. Jenkin then gave a brief unconscious it might be, that any review of the
ease, unfairness whatsoever was crent- "pointing out that the Court held ed. In all the authorities his that if the case had rested solely Lordship would see that unless on the identification parade it there was evidence of the highest would have been quashed but, as standard of fairness in the con-ed, but her behaviour during the sweeps of the Shanghai Cham-Hospital was paralysed throughout
identification parade was very pions: singular.
of even in the case the FULL LIST OF THE DRAWINGS second and third, she was very certain about the matter.
(There was 1 very singular feature in the whole case. What about her attitude to Yeung Chan, THE LUCKY NUMBERS. SEQUEL TO ARRESTS. the friend of the old priest, the nephew of one of the women who used to stay there, counsel asked!
tion.
Counsel commented that he was that he stopped the witness be- not trying to dodge the issue bat fore each prisoner to make sure he would say that if the case went that the witness made a proper to the Court of Criminal Appeal
it would be absolutely quashed. examination of each prisoner.
The following gives the result of She told them that she did not the draws for the "A" and "B". know that Yeung Chan was arrest
it happened, there was other end duct of parades then they were an wash-out. Mr. Jenkin sufficient evidence of Identifica-absolute
Young Chan was among those Quartetto road two quotations from the Lord
who formed the identification Barrow Justice's judgments 18 He went on to, say that in the Chief
parade, but not by a word or a Yester Evs
Elopement Eve an eye-lid did present cuse, the only evidence of follows:
Abe Novellat IT, the identification was that of
"There must be positive identif-fleker of
betray the fact that The Bambino little girl. Mr. Sparrow bad ad-cation and not anything in the mitted in cross-examination that nature of acquiescence or sugges-knew him. What did the gentle-Comaire he stopped the girl and had ex- tion. It is not sufficient that what the jury expect of an ordinary and Rough Justice cused himself by saying he con-is done should be fair; it must be rational being to do under the same Luckystone sidered it was his duty to stop a manifestly clear that nothing was circumstances? Would they not
nition? She passed by without at.. person who was identifying if he done which might seem to be un- expect her to show a sign of recog. The Capo thought that person was moving fair."
word of recognition whatever, too quickly along the line, and
Mysterious Case. Mr Jonkin said It was a
case altogether, mysterious they were not there to help Crown out of its difficulties He Michigan Counsel for the Crown realised
Where Crown Failed.
himself had appeared in criminal Cloverland the danger of that statement be- Cause, in re-examination, he ask- His Lordship said he would agree cases in that Court off and on for Debit Balance ed Mr. Sparrow to explain him-to the extent that he thought there about 18 years and this fact was Original Bird self,
and asked him whether, was evidence of some danger in the known by Mr. Fitzroy and the Golden Eheart when he used the word "prison-identification parade, but he did learned judge, but he had seldom Silver Cup er" he did not mean all the men not think there was any evidence of met with a more mysterious case. Banquet E've The many difficulties the Crown Gles In identification. Ile
Bright Lad on the identification parade, but suggestioned
almost Firefah Mr. Sparrow reiterated all he would have to warn the jury to de- had to contend with were
Royal Lancer meant
were by prisoners
the literate that matter before accept-unsurmountable, but they were nol Lysander up the gap Old Sport Also the there to help to fil four suspected men.
ing the identification.
The Crown had failed to establish Glen Dhu identified Accused in In further interrogation by his girl had
their case and, that being so, he Lordship, Hr. Sparrow, who did Court.
thought the case was at an end. not appear to be altogether at home at that stage of his evidence, said it was possible that the girl had been stopped at one or other of the other 20 men. :
unreliable and remarked "I say you
Sunny Joy
"A" No.
"B" No
43284
43700
Merry Dancer
4127H
$5709
1834
16091
4726
33814
1277
48151
3015
$5913
13306
4186
1554
20662 37808
$817
15465
673
Ownership 11.
100
269
42339
321
10269
35320
38748
26157
Glen Cyle
42286
2
Ontario
8105
$7886
Sas
40090
40382
very
Tide Timis
HELO
36346
but Past Gun..
Alligator
48573
the Martin Harvey
Blue Platea
2121
18276
38209 38058 38657 *25
B1642 29760
*5930
42888
35260 44734 #1416
31084
47788
633
841 30150
27758 84534
489)
28476
43667
Beautiful Eve
The Crafty Bird
26849
A9558
28821
32870
French Trader
30095
32916
48000
49734
Prince an
49206
35040
*5008
.28978
24530
38667
15041
3333
.22871
.26707
.40262 .10895
41231 19093 42538 32477 39198.
16713.
Young B
Pretoria
Mr. Jenkin then produced several Toto
one
was
Silver Pheasant
Election Eve tecta Nich the incisor and Mister Cinder
Western F Bluelight,
Whose Tooth?
Fark
Engagement Eve
This show- FOOTBALL
Then whose tooth was it, if it)
was not that of the old priest?
21691 <DUBO
HULL CHAIRMAN REIGNS AS
Singapore, May 5. Domestic service at the sisters' quarters, at the Singapore General yesterday and considerable incon- venience is still being experienced owing to a sudden strike called by the Halam servants.
Inquiries made by Strait Times representative this morning elicited the information that the real trou- ble began on May 2-the day fol- lowing Labour Day.
On that day three Hylams who have taken an are alleged to
enthusiastic part were arrested for posting seditious literature in the Havelock Road area. It is stated the that they were attached to General Hospital, being employed as servants at the sisters' quarters.
On receipt of news of the arrest their "comrades" at the sisters' quarters immediately got together and demanded the release of the arrested men, with the alternative not countenanced by the authorities of a strike.
Their demands, however, were not countenanced by the authorities and yesterday a large number of them "downed tools" and refused to carry out their duties.
The authorities were called in und officers of the Criminal In- telligence Department, the Detec- tive Department and other police officers went to the General Hos pital but their efforts were of no avail and the Hylams could not be induced to resume duty.
Fortunately for the sisters 2 number of Hylam cooks who had been in sevice for several years loyal and carried out their work.
Later in the day the trouble spread to other parts of the
had to do without the services of some of their Hylam servants.
Hospital and Doctor of the General
Speaking for the Crown on this point. Mr. Fitzroy said he thought it was a matter that should go be-charts of the teeth referred to in
the previous hearings. He showed Comper
of fore the jury.
His Lordship indicated that that
found
un Mr. Jenkin shoul open his de- fener, and in doing so he said he could not be fitted in with the A Faulty Parade. "Taking the evidence as a whole would ask the jury to say that the missing molar in the mouth of the Crown had wholly failed to dis-old priest. If it had been fitted in you can only come to one conclu sion.
I do not make any sugges. charge the onus of proving beyond the molar gap in the old priest's any reasonable doubt accused mur-mouth, it would have been blow out
SENSATION. were every time he sneezed, tion against the officer, it was dered the old man and added thated that the tooth found did not be- nferely a mis-statement on his part but this parade was not conducted he thought it should have been relong to the old man. with that fairness which is de-cognised before that morning.
Ile referred to Chief Detective manded by the administration of justice. I say if these facts were inspector Reynalds evidence that to go before a Court of Criminal he considered the girl to be wholly appeal, that Court would say that would not be justified in hanging the evidence of this girl, howeveri
a dog on the girl's evidence." true and however it might be ap- plied to three other men, should not be looked at as evidence at all because of what had taken place: at the identification parade."
Counsel continued he would go further than that and say that the ed "It can only create a feeling of disgust to think that you should be identification parade was faulty called upon to sit in that jury box because with regard to at least one and listen to evidence of that class, of the suspected men the girl was and as to bringing in a verdict of stopped and asked to say whether guilty.I suggest you will agree with she recognised the prisoner before me it is a travesty to ask you, upon whom she was stopped and, having the evidence of that girl, to bring been asked to point out the man in a verdict of guilty against these she recognised, she was taken by three men" a portion of her garment and led later, counsel commented "Like up to the prisoner.
the rest of the story it is a fake from beginning to end."
Counsel's Submissions,
Mr. Jenkin went on to deal with discrepancies in the girl's evidence, in the course of which he remark-
His Lordship pointed out that there was no evidence that the
this girl cannot tell you a girl was stopped. The evidence, lean-cut story which enrries con. was that she paused.
virtion with it, then of course, there is nothing else in the case and the Crown has not discharged
"She is absolutely and hopeless.
unreliable, Except A
Evidence Read Out. Counsel agreed but said that Mr. Jits unus." Sparrow did not tell them whether she paused of her own volition.y In later evidence it was said that travesty, she was stopped,
His Lordship remarked he did not remember that. He did not
think there was any evidence that
il
no one would classify this ac evidence at ad1"
Girl Mentality.
"The meatality of that is such
Mr. Sparrow stopped the girl. that if she were to be put in the
pause.
it
Mr. Jrakin: His statement in witness box to give her version re-examination makes that clear of this affair six, nine or a dozen by prisoners I meant these four times, it is obvious that that girl's version would vary on every ne- suspected men."
the end, we His Lordship read out various casion and that, in
a jumble portions of the evidence, pointing should have such out there was a general statement would be impossible to believe that that it was his duty to do so but she had ever been in the flat at he did not actually tell her tofall or knew anything about it."
Counsel suggested that the first Counsel continued he would put thing any reasonable girl of 15 it that the conduct of that parade Fars old would have done would have been to raise an alarm. In- was highly unsatisfactory and that stead of that she went into the old would be a miscarriage (> man's cubicle, obtained a money justice to let it go to the jury, ox which was the most valuable He continued "A more unsatis thing in the house containing factory parade one would hardly about $5, and wrapped it up in imagine. Who ever heard of her handkerchief together with peron being put up on a parade to conduct an independent indenti- fication, of having her garment taken and led up to the prisoner
it
she
two other boxes, her own property. and left them on the bed.
Then she went out quietly and reported the matter at the Police is supposed to recognise Station. Mr. Jenkin described it as The men were standing close inexplicable and her explanation one another in the line and there ridiculous. Also the police had was the danger that the constable stated that they found the bundle might lead that girl lo a man at on the girl's bed and took it to whom she was not looking. There the Police Station. but this the is a possibility of that"
Fantastic Explanation.
girl had denied, saying that she
tonk it to the Police Station her. acif.
"And the person who goes on to: Counsel commented "There is
an Identification parade as a wit more behind this case than meets
ness to identify somebody, should the eye."
that person have any pre-know-i
ledge at all of the prisoners whe
are going to make up that parade?
I say it is obvious they should not.
Singular Behaviour.
Continuing, Mr. Jenkin dwelt on This girl tells us, and the fantastic the girl's part in the identifica- character of her explanation Ition parade, saying that she failed shall not deal with at this stage, to identify the first accused. In that she knew Yeung Chan wouil the police court, she pointed out be on the parade and would be the second and third accused but standing fourth.
was not very certain of the latter.
Never mind how she came to Mr. Jenkin said that it must know it. She tells us she did. have been a source of great em- Can that be satisfactory, my Lord. barassment for her to find Yeung She tells us, moreover, she knew Chan in the Kowloon Police Court, that there would be, in addition It was very curious and inex to Yeung Chan, two other men on plicable that the girl, after fail- that parade that she would be re-ing to identify the first accused quired to identify."
on several occasions was able to Mr. Jenkin said If there identify him later. The only was to be any value attached to possible explanation, went on Mr.
Whose blood was it which was found in the No. 1 cubicle? Net on the clothes of any of the three accused was a drop of blood found. Could there be another man con- cerned in it whose identity had been screened fram them? If was, then this there
be laughing through the gap in
must
man
at them hie teeth! If there was; continued Mr. Jenkin, then he should be in the dock in the place of the three accused,
there
As he had said before, was not a stain of blood on the
PROTEST AGAINST REFEREE. At a meeting of the Hull City Football Club directora, Dr. C. D. 'ullan resigned his position as The strikers were dismissed and chairman, stating that this was a ordered out of the hospital grounds protest against incidents in the and detectives and constables were Cup semi-final replay at Birming-put on duty. ham, when, he alleged, the referee'
The situation is well in hand and was unduly severe in his decisions no further disturbance is anti- against Hull City.
cipated although some inconveni- ence is still being felt. Patients in the Hospital, however, were affected by the strike since none of the attendants were involved in the affair,
In this match, when the Arsenal won 1-0. Childs, the Hull City centre half-back, was ordered off.
Sultation with the others, intimat- ed to his Lordship that on the evidence given by the prosecution, they could not convict and asked his tardship to stop the case.
BUTLER SUES A BARONET.
SCENE OVER THE SOUP AT DINNER.
not
clothes of any of the three man. He pointed out that there was a great deal of blood in the house and yet not a drop had been four un Rerused. Then there was the question of finger-prints. None His Lordship said he would very had been found which couk be much like to hear Mr. Fitzroy, One of When Mr. Jenkin asked him to brought home to accused. there facts abone might not be to stop the case before, he did not
1 asked him (the butler) what worth very much, but, all us ther, do so because he did not want the they were very significant.
Court to usurp the functions of soup it was, thick or clear. the jury, but, as the case stood at at profested his innocence. It present, he felt that in summing might be said that any fool could up, he would be very much do that, but it had not been proved | favour of the prisoners. that he was any party to the crime and until that had been done he must be adjudged as innocent es any other man in Court,
The first accused had throach-
In conclusion. Mr. Jenkin said that, if necessary, he was ready
to put his witesses into the box.
Jury Not Convinced.
in
He curtly said. "Clear soup," and shouted, "You are a pig."
This was a description given by Sir Robert Moncrieffe, in West London County Court of a dinner his incident in his house in Eaton-
square.
Mr. Fitzroy, in answer to Lordship, said he had produced all the evidence he had to give, an if the gentlemen of the jury wore
He was being sued by his form- er butler, James Hugh Mitchell.
not satisfied, he left the matter who claimed £6 11s. 3d. in lieu of
in the hands of his Lordship.
The jury then returned
3
The Foreman of the Jury 3y, unanimous verdict of "Not B. J. Lacon, after a short ron-| Guilty?
"Oh, you've started to the beauty shop! Don't let me de- tain you."
notice and for laundry,
de-
Mitchell, giving evidence, scribed an incident which, he said, occurred on the evening of March 16, when Sir Robert, Lady Mon- crieffe and her niece were at din-
ner.
I
"The footman was out, and was serving the soup. Sir Robert said to me, 'What is the soup?" and I answered, 'Clear soup.' He turned round on me for not call- ing him 'Sir Robert' before I had time to address him by his title."
Solicitor for Sir Robert: Did you not turn to Sir Robert and say, "You are a perfect pig"-No.
Did you not go down to the table and say to Lady Moncrieffe. "You are a perfect pig"-No. I ma have said that since my engage ment I had been treated as u pig "A Perfect Pig."
Sir Robert Moncrieffe, giving his version of the incident, said Mitchell showed no respect, and never addressed him as "Sir Ro- bert" or Lady Moncrieffe as "My Lady."
"I asked him what soup it was, thick or clear, and he curtly said, 'Clear soup, came up to me and shouted, "You are a pig
"I said, 'Get out of this room or I will kick you out.'
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| ELAINE HAMMERSTEIN
AND
COU TELLEGEN -
Parisian Nights
NEGRO BAKED TO DEATH.
FRIGHTFUL OUTRAGE BY TEXAS MOB. Sherman (Tex.) May 10. A frenzied mob, seeking to
TO-DAY & TO-MORROW
at 2.30, 5.30, 1.20 & 0.20
A thrilling story of the underworld of Paris. Men and women fighting for their lives and each other!
Beasts of preyliving on the fruits of other mens labour,
Supported by
William J. Kelly
RENEE ADOREE
Showing for the FIRST TIME in Hongkong.
gas bombs. The Governor of Texas had given orders that the Police had not to fire on the nob?
The negro was baked to leath in a vault of the courthouse and his body was then dragged out of the cell and flung into the street, where a screaming crowd roped it to a motor car and dragged the body to the prison.
"To Lady Moncrieffe he said, You are a perfect pig: that is what you are, a perfect pig." I have never had so Impertinent a servant. I told him to leave the room and go next morning."
Judge Hargreaves said that on Mitchell's own evidence he had come to the conclusion that he lynch a negro, burned down the had been very impertinent, and courthouse in which the negro, Reinforcements of militia were that Sir Robert was justified in found guilty of assaulting a summoned to deal with the moby dismissing him. There would be woman, was imprisoned, after the who had already wrecked three judgment for Sir Robert Mon-police had repulsed them three blocks. In the negro quarter of the times by the use of fists and tear-town-Reuter's American Service.
crieffe.
There a pyre was erected to dremate the body.
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