1930-06-07 — Page 2

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ELECTRIC RECORDING

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RECORDS

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By

BAND OF H. M. GRENADIER GUARDS PIPE BAND OF H. M. SCOTS GUARDS AND STADIUM CHOIR Record Nos. 9075, 8074.

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THE NEW FRENCH 'REMEDY.

THE HONGKONG TELEGRAPH, SATURDAY, JUNE 1930.

SESSIONS: TRIAL CONCLUDES.

JUDGE DISAGREES WITH THE JURY.

14-YEAR TERM. `

The weapons (produced) were his, but he had no idea how they got into the deceased's cabin.

Mr. Somerset Fitzroy, in ad- dressing the jury, pointed out that an important point was the removal of the electric light bulb.-

the

The evidence pointed to accused having removed it, which signified premeditation. He ask- ed them to say that the evidence was quite sufficient to show that the man standing in the dock was responsible for its removal.

The prisoner asked them to believe that he. was suffering

Judge and jury disagreed when the time came for the verdict in the trial of Yoriichi Hori, alias Yamada, charged with the murder of Fung Sau-alam, a cook on board the s.s. Tanda, on May 5. from some sort of dope. Where

In the afternoon session, the defendant continued his narra- tive, when he said that he told his friend, who had lent him £10 for gambling, that he had £159 in a bag round his waist, and that he intended to go to the Captain the next morning to

him

ABK

had that dope gone? He himself has anid that he had had nothing to eat or drink since his dinner that evening at 6 o'clock, and he did not know of any dope which took 8 hours to work.

His Lordship pointed out to Mr. Fitzroy that the suggestion to change it into a $100 of the defendant was not that. note, as the money in loose form he was doped at dinner, but was cumbersome, and that if the subsequently. Captain could not change it, he would ask him to look after the money for him.

Alleged Threat. About 7 pm, on the Sunday evening, he was entering the lavatory when he met the deceas- ed who pointed a pistol at him and said: "I lost my money on account of you, give me £50" Defendant replied that he had not got any money and just then Chinese passenger came up, and the deceased said to defendant "I have a good many followers, and if you tell anyone about this, I shall do something to you."

Later that night he took a mat, and with some books for a pillow, laid down on the hatch: He did not intend to sleep. About 11.30 p.m. the deceased came up and walked about the deck in front of him, looking at him all the time. About 12 midnight a Chinese pas senger came up on the deck and switched on the light. Shortly afterwards two Chinese came up and sat down beside him. and one of them went to sleep. After hearing the 1 o'clock bell, he did not remember anything until he woke up later. He found his legs and arms were numb, his lips

were dry and his head heavy, When he felt for his money he found it had gone, and the two Chinese had also disappeared.

He thought the Chinese cook (deceased) had taken his money. so he went down, as in a dream, to his cabin, and over the parti- tion he could see the light burn- ing in deceased's room. It came to him that it might be danger- ous to go into the cook's room as he thought he had a pistol. He then went to his box and grabbed something, though he could not re- member what it was, and he then went to deceased's cabin. The door was slightly open and he pushed it open further and went in to find the cook squatting on his bunk. Defendant said to the cook "I was asleep on the hatch, and you gave me some stuff. You pinched all my money. Give me back my money." Defendant put out his left hand and deceased said to him "You have corne here to take back your

money." Defendant replied "Yes, give it back to me." Deceased then answered "No, no, never." At the same time the de- ceased's face went pale, and he put his right arm back in a ges- ture, He saw that the man held something in his hand and he thought it was a pistol. Defend ant struck out with his right hand

Defence Pleads.

no

Mr. Leo d'Almada, in his ad. dress said that in such a case as that, there were always particular the and peculiar features, and most peculiar feature of that case was the Crown had failed to adduce any motive for the crime of murder. There had been attempt to adduce any motive. He was not suggesting that it was necessary for the Crown to prove a motive, but he submitted that there was a total absence of motive in that case, which went very much in support of the de- fendant's story. Before he went wished .to any further he

had emphasise that the Crown every essential ingredient for the crime of murder with the excep- tion of one. and that was intention to kill, and unless all those ingredients were given, or if any, one was missing, then it was not a case of murder.

the

That

Of the six wounds inflicted on the deceased; only one had proved fatal. The other five were mere- ly superacial, and together would not have caused death. showed the man did not intend to kill. If too, the crime had been have premeditated, he would escaped in the lapse of time be- tween the committal of the crime and the arrival of the second

officer. He would also point out that the man made only the slightest resistance to capture.

No man who went into a room with the intention of killing would only inflict one wound of im portanee, and at the same time inflict five superficial wounds. The wounds went to prove the man's story, that he lashed out in self defence.

Regarding the mystery or the light, he submitted there was no evidence as to who removed the bulb, and the only statement they had was that a bulb was replaced by one of the assistant cooks.

The defendant's statement In the Police Court was a long and concise one, and to-day they had heard an amplification of it. He had given his evidence in a straight-forward 'manner, and not by a single jot or tittle had the Crown disproved the truth of his story,

There were only two people who- knew exactly what happened in that room. One was dead, and the other man had told them his story in a perfectly straight-for- ward manner.

He asked the jury to weigh the probabilities, and for them to say

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something hit him on the eye. unless insane, would deliberate- 'Defendant was frightened and ly murder to recover money. He thought for a moment that he submitted that the wounds were was killed. He struck out again, inflicted in self defence, and al- and fell against the door. He did though he did not ask them to not remember anything that hap-record "Not guilty," he asked pened after that,

them to give a verdict of man- slaughter.

Killing not Intended. When he went into the deceas ed's cabin he had no intention of hitting him, and up to that time he had never fought with anyone or been in prison. He never in- tended to kill him. His sole in- tention was to defend himself.

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for the defence to show if it was and the evidence submitted, mantencing Yamada to 14 years" bard committed in self defence or slaughter was ruled out. They labour.

Mr. Justice Wood later in- In summing up, Mr. Justice under provocation. Mr. d'Almada could only consider the question

timated to the jury that he entire- Wood, reviewed the cases for the had pleaded for manslaughter, of a recommendation to mercy.

After a 20 minutes, adjourn-fly disagreed with their verdict, Crown and defence, and said that but he would refer them to the

that under ment, the jury returned a verdict it being an improper one accord- there was not the slightest doubt law, which showed that the Crown had proved their such circumstances before them, of manslaughter, the judge sen-Jing to the evidence. case of murder, and it was then

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