1930-07-07 — Page 2

THE

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THE HONGKONG TELEGRAPH, MONDAY, JULY

CRIMINAL INTENT DISCUSSED.

RESPONSIBILITY OF AN EIGHT-YEAR-OLD BOY.

The importance of the age of

STATE PURCHASE OF MINES.

AUSTRALIAN TREASURER

RESIGNS.

Sydnóy; July 5. The Federal Treasurer, the

a child in regard to criminal responsibility As commented Rt. Hon. Mr. Edward Grenville upon by Mr. Whyte Smith at Kow- loon Magistracy on. Saturday, when a Coroner's inquiry into the clrcumstances attending the death

Theodore, has resigned following the announcement of the findings of the Queensland Royal Commis- sion of Enquiry into the circum-

of a lad who received fatal instances attending the purchase of juries during a fight with another Mungana (Chillagoe) Mines by the Queensland Labour Govern- hoy, was held, with the assistance ment when Mr. Theodore was of a jury composed of Messrs. E. Premier.. G. Smith (foreman), D..C. Walms- ley and G. Cheung.

The Commission finds that Mr. Theodore and another Labour The Coroner informed the jury ex-Premier, Mr. W. McCormack, that the inquiry was to investigate also Mr. Goddard, who was Mines the death of a boy 12 years of age of fraud and dishonesty in pro- Manager of Chillagoe, were guilty (11 in Western reckoning), who curing the State to purchase. was alleged to have died as a remines for E40,000. sult of a kick by another small boy. Evidence would be given that there had been a fight be tween the lads.

Medical evidence was given by Dr. . H. Uttley, who gave the age of the deceased as about 11 or 12 and that of the boy alleged to have inflicted the injury, as being about 11. This lad had two black eyes. The cause of death was shock following the kick.

Chung So-yau, a cousin of the deceased, said that, together with another lad, the three of them were talking near their house in Tokawan Road. Káu Chai, fourth lad, was sitting A

short distance away and he suddenly re- marked that witness was blind in one eye.

a

Mr. Theodore, interviewed, hotly denied the charges, which, he declared, were the work of his political enemies. Mr. Theodore has made it clear that his resigna. tion will only operate until these charges are cleared up. Reuter.

Premier to Act.

Canberra, July 5. It is understood that the Premier, the. Rt. Hon. Mr. J. Scullin, will act as Treasurer in consequence of Mr. Theodore's resignation, but it is not yet, known who will deliver the Budget.-Reuter,

ponsible for an net such as that before the jury.

It was quite clear, proceeded the The Coroner: Are you blind?

Coroner, that if the lad Kau Chai Witness: I am not.

were a year younger he would not Continuing, witness said that be held criminally responsible at all. Chung Sonam the deceased, re-As it was, he could only be held plied to Kau Chai and said that responsible if he had shown some he himself was blind. Kau Chai predisposition to crime. then cursed the deceased, who re- taliated with the same expression. The deceased had slightly raised his foot when Kau Chai struck him, Chung So-nam returning the blows by hitting Kau Chai in the eye.

The Fatal Kick.

At that moment Kau Chai saw his grandmother approaching and he ran to his house but shortly afterwards returned and again struck the deceased, whom he also kicked, causing him to fall down. He was unable to talk or rise and

later died.

Further corroborative evidenco; was given, the lad who was alleged to have inflicted the injury not be ing called. His father gave his boy's age as being nine, according to Chineas reckoning.

On the Border Line. With regard to the age, the age being just on the border line, the Coroner said he thought the jury would be quite justified in treating Kau Chai za if he were under the age of seven. Of course, a year at much difference in the matter of that age could not make so very criminal responsibility. It just a question of whether a boy. of that age had, the capacity for committing a crime, whether he could really be said to have criminal knowledge or criminal intent.

Was

In conclusion, the Coroner said that he thought, although he did not wish to dictate to the jury, that they would have no difficulty in finding that the lad was not old enough to be held criminally res pousible and if they held that, they would be justified in returning a verdict of death by misadventure.

Addressing the jury, the Coroner said that they could take it that the Ind Kau Chal was really eight years of age, according to Western leaving out the question of age for Proceeding, the Coroner said that reckoning. The age of the boy the moment, it was, of course, very was of great importance. The unlikely that Kau Chai would have

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THE KING'S CUP.

WOMAN PILOT WINS' THE RACE,

London, July 6. The King's Cup air race was won) jury had heard the evidence and expected Chung So-nam to fall by Miss Winifred Brown who flew they had heard that there was down and die. Whether he intend- an Avro Avian machine and com- something in the nature of a fighted to kick him in that part of the pleted the course at an average between the two lads. There was, body or not the Court would never speed of 102.7 miles an hour, Miss of course, the question of who was know, but the Coroner thought the Brown also won the Siddeley at fault and who had been the first question for the jury to consider Trophy for light aeroplanes.... to strike the ather, but he did not

was the question of age and if they A. S. Butler, in an O.H." Puss think that that was an important decided. Kau Chai was not

old Moth

came second and Flight- point for them to consider. He enough to be criminally respon- Lieutenant. Waghorn third in a thought that the important point sible, the verdict should be one of Blackburn Bluebird. was the question of the age of the death by misadventure. boy, Kau Chai

Criminal Responsibility. Continuing, the Coroner said that to that.

sider.

Jury Agree.

Foreman of the jury: We agree

The race, which was over a course of 750 miles, began in the morning in brilliant weather. The first of the 88 starters was a single- seater Moth which left at eight o'clock. The scratch machine & powerful Vickers Vellore, left at

he thought it might be assumed The Coroner intimated that if that the deceased died as a result of the assailant had been an older the kick which Kau Chal had un-boy he would have been placed in ten forty. Crowds watched the doubtedly given him but as he had custody and the Police would have flyers depart from Hanworth and said, Kau Chai's age was the im- proceeded against him, but as it assembled at various points along portant question for them to con- was it had been indicated to him the course where the conditions pre-

After quoting Russell on Crimea Coroner's inquiry should be held

that rather than have the boy tried. scribed compulsory halts.

The route embraced Leicester, with regard to the criminal respon- immediately. Of course, he did not Hull, Newcastle (turning point), sibility of a child, the Coroner see that a trial on a criminal charge Leeds, Manchester, Liverpool. Bir- pointed out that a child of seven would have had any

effect. ingiam, Bristol and Southampton, years of age could not be guilty of don't know if you would like me to There were seven women competi a criminal offence while a child be say anything to the boy," added the tors, including Lady Bailey and tween the age of seven and 14 was Coroner.

Miss Winifred Spooner.-Reuter presumed to be incapable of a cri-

and British Wireless. minal offence, but the presumption

. Coroner: You don't wish me to would be weakened as the age near-say anything to him at all? éd 14. The point he wanted the jury to consider was simply whe ther a boy of the age of Kau Chal;

Foreman of Jury: No.

Foreman: No. Coroner: Very well.

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