1931-06-30 — Page 12

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THE HONGKONG' TELEGRAPH, TUESDAY, JUNE 30, 1931.

SESSIONS JURY DISAGREE.

CHIEF JUSTICE DECIDES TO REMAND PRISONER.

A

YAUMATI MURDER,

with It would be to reject it alto- INDIAN RAILWAYMEN, gother.

Coming to the evidence of the three women, his Lordship anid there were immaterial discrepan. cles which one would expect to And in true and honest atory, but, also, some very serious ones. He pointed out that the women were not friends who could talk the matter over, as they separated en the morning of the occurrence and did not see each other again until they wore in Court,

was remarkable position reached in the concluding stages

His Lordship added that of the Yaumati murder triat yes- terday afternoon when, after three Shut-hing struck him as bolng an retirements, the jury confessed. honest and intelligent witness and, through their doreman (Mr. P to intelligence than the others. '

B. C. perhaps, of a higher degree of

Field) that they were agree on any points at all. They could not unanimously agres on a verdict of guilty of murder, and they could not bring in a majority verdiet of either guilty or not guilty of manslaughter, or not guilty at all.

1

The Summing-Up.

that

THREAT OF STRIKE OF 70,000 WORKERS.

Simla, June 29.

Railwaymon's The All-India Federation has declared in favour of a general strike on August 1, affecting 70,000 workers, as a pro- test against wholesale discharges on the ground of economy.

The question of a strike will be submitted to a ballot.--Router.

I can take as you are not unanim- Ous? No,

Is there any chance of your coming to an agreement if givon a longer time?-It is very doubt- ful Indeed.

пав

Jurors Wrong Impression. Mr. Field then asked if they the opportunity of could have bringing in a verdict of slaughter, saying that, apparently, some of the jurors were under the impression that they must bring

verdict

on the charge of in a

murder.

His Lordship replied that they

Mysterious Cake. Continuing, he said it was a very mysterious case and they would probably never know all the facts. Mr. Jenkin had suggested that de- censed was tied to a bunk by his neck, this explaining the space in the neck impression of about In Aumming-up yesterday after two inches behind the left ear, noon, his Lordship said it was a but according to the small boy's curious case with certain unusual account, if that were so, then the and

mysterious features which gap would have been on the right required very careful considera-side of the neck.

Iis Lordship suggested tion. After reminding the jury that prisoner must be presumeddeceased might have been attack-could bring in a verdict of man- innocent until proved guilty bo-ed in his sleep and the ligature yond a shadow of doubt, his Lord- might have been put round his ship went on to deal with the fawneck then but not quite sufficient of murder, manslaughter andly tight to cause death.. He might grievous bodily harm, pointing out have been able to get up or he that they could bring in a verdict might have been pulled up with it. of manslaughter they thought it

There seemed to have been no was warranted by the vitience.

nny kind previous quarrel which seemed very curious,

Dealing with prisoner's story,

After his Lordship had explain- his Lordship pointed out that, at the Police Station, when charged,ed the three possibilities again the prisoner made a wrong sintement jury retired for the third time at inasmuch as he denied all know-6.41 p.m., and returned at 6.46 p.m.

Still No Verdict, ledge of the affair but he might have done so in a moment of panic,

With regard to Dr. Uttley, his Lordship said that his evidence was not reliable and was incon- sistent, especially as regards the organs of the body. With regard to the suggestion of coucassion as the cause of death by the defence. he said it seented to him very dif- ficult to reject Dr. Uttley's evi- dence that much would take place after- No eight to ten hour's wards, much too long a Chine to be applied in the present case. lily Lordship added that the defence could have called evidence to sub- stantiate their point but they had

not done so,

Convinced of Strangulation.

At the end of a long cross-en- amination, which he met very fairly and admitted any points on which he was wrong, Dr. Uttley was perfectly clear that.. in his the opinion, strangulation was euse of death, and that the head wound had nothing to do with it. Personally, his Lordship said, he found it very difficult to avoid that conclusion but the jury had to Form, their own conclusion.

of

Prisoner's Strange Story. llis story was very strange and would not carry conviction at first sight, it was difficult to bellevo unless there was fear on une aide and domination on the other, as

slaughter by a

majority or not

to

guilty at all, or guilty of murder, in which case the latter finding must be unanimous. He explained it would be a dangerous thing bring in a verdict of manslaughter as they would have to believe parts of the evidence and disbelieve other parts but they could do so if they wished.

His Lordship:--Is there a ma- jority verdict in favour of man- slaughter? No.

If Lordship:-That being so the only thing to do is to discharge

On Mr. Jenkin's suggestions, In the jury and remind the prisoner. case there was a misunderstand-

stated. If that were so, thening, his Lordship asked if there would think it possible to under-

was a majority in favour of not stand his non-intervention, except for the purpose of helping to carry

the sack out.

guilty, to which Mr. Field replied

in the negative.

In reply to another question, Then there was the fact that he Mr. Field stated that the jurors did not ran away. The father had were not unanimous on any point

run away but that at all. apparently

discounted little be- Ifis Lordship: Would you like must bu cause he (prisoner) helped Lo retima to consider your position, Mr.

of the erime, and Fitzroy? move traces carry the corpse away, so that he of the guilty knowledge had matter.

If a man knew he had committed murder it was very bold of him to stay, especially after his accom- plice. in the crime had bolted.

His Lordship asked the jury to verdict and they consider their

Denling with the evidence of Wong Pak-cheang, prisoner being his adopted brother, his Lordship said it struck him as being the most damning evidence again prirelired at len minutes to four.

soner.

to

His evidence seemed make his father guilty of murder. It was difficult to see why he should have given that evidence against his father and adopted brother if i were not true. If he had been a child belonging to deceased's family one would not have been surprised, but it soom- ed a little difficult to see why he should tell such a story if it were not true.

Rejected Evidence? There were, however, very curlous differences in his story and that of the other witnesses, but they were not all conflicting. If he had been conched, and one would be very sorry to believe that he had, one would not have expect ed certain items in his story. In his story there were some very serious contradictions indeed and, taken generally, it was difficult to see what reliance could be placed on his evidence at all. Maybe the only thing that could be done

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Jary Disagree.

Mr. Fitzroy:--Yes, because if there is a new trial it could go on either now or at the next Sessions.

Hla Lordship:-I will adjourn the case until next Thursday when Mr. Fitzroy will state what he proposes to do.

Magistrate's Duties.

Before rising, his Lordship said: -1 am obliged to the gentlemen of the jury for the time they have At 6.20 p.m. the jury returned devoted to the case and they are and announced that they had not discharged. Before I remand the

prisoner I should like to say some agreed upon their verdict.

ilis Lordship: Can I do anything with reference thing to assist you?

to what I said inst Friday, relating to the taking of a prisoner's statement at the Magistracy.

Mr. Field:The chief difficulty appears to be in giving full weight

will not say much now, but I or not giving full weight to the evidence placed before us. There would merely like to say that..1 IA o much for and against the have no doubt that the Magistrate: prisoner.

acted in good faith in the in- His Lordship told the jury that.terests, as he believed, of the pri- In certain cases, but not all, a soner. I adhere to my view, how- verdict by a majority could be

ever, that it was not part of the accepted. The majority must con- daty of the Magistrate to advise

and he ought sist of four, five or six persons. the prisoner,

to

to

He suggested that if the jury re-confine himself severely to what tired again they might be able to he is directed by the Ordinance give a majority verdict.

do, namely, to give the prisoner The jury retired again at 0.23 the option of making a statement p.m. and returned

at 6.30 pm at the Magistracy if he wishes, when the following ensued. and the only warning he ought to is there a majority verdict in give him is the warning provided favour of not gulity?-No.

by the Ordinance to the effect that Is there a majority verdict in anything he says will be taken favour of manslaughter?-No. down and may be given in evid

Then there is no verdict which

ence upon his trial.

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