1932-08-11 — Page 10

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THE HONGKONG

MURDER TRIAL ARGUMENT

MR. POTTER OBJECTS

TO

EVIDENCE

TWO PLOTS

AVIN

TELEGRAPH. THURSDAY, AUGUST 11, 1932.

Fung. You will note these im- portant facts. The parties were entirely different; there is no con- nexion in fact between the allog-i ed incident from February 18th.] 10 21st, and the incident which is the subject matter of the indiet-

ment.

"The indictment alleges that the accused through Lau Hing dia counsel, procure and command! Tsui and Wong to commit the mur- der."

Mr. l'otter then commenced to A crucial stage in the trial of Cheng Kwok-yau ma charge of quote many authorities and rend procuring the murder of George eases to prove his contention that Fung

renched yester-evidence of a plot to kill Fung by day, when Mr. Eldon Potter, K.C., polson could not be accepted as leading counsel for the defence, evidence that he too was at the objected to admission of the evi-back of a plot to shoot Fung. dence of Zimmern and Christie, Alternative Argument. two of the Crown's principal wit- Alternatively, he argued, if the nesses, on the ground of its irre-Crown could establish the cast as levancy.

alleged in the indictment, which Immediately on the Court's re-was that the accused had proeur- sumption after the tiffin adjourned the marder through Lau Hing, ment. Mr. Potter took the point there was no necessity to put in that the evidence of Zimmern and the evidence of Zimmern and Christie was irrelevant to the pre-Christie to prove deliberate in- sent ease.

tent.

DUE SUNDAY

You'll be talking about

THE CHAMP all winter."

at the QUEEN'S

AND

THE FIRST OF

M-G-M'S

VOICE GUESSING $500. COMPETITION.

REPORT BY Z.B.W.

SUMMARY OF LAST MONTH'S ACTIVITIES

During July, the actual hours of from ZBW totalled

The Chief Justice: I ought to "If the Crown cannot establish accused have some note of the evidence by evidence that the proposed to be called to which you through Lau Hing procured pes- are objecting.

ple to commit the murder," added Mr. Potter: You have the de-air. Potter, "then this evidence is transmission positions and a copy of the open-equally inadmissible in that it is 285.26, of which 167.75 were devoted ing address of Mr. Lindsell, not evidence to prove that the uc- to European programmes and 107.50 Chinese programmes, as follows: Fung's death to have a case here where a judge cused procured

transmissions, including satisfied himself from the disposi-through Lau, according to the in-

dictment."

European 45. Chineso 44%. Mr. Potter laid great stress on Continuing. Mr. Potter said the defence's objection to the aimis-the argument that evidence of an be once cannot sibility of evilence taken broadly.net committed

this on a certain date taken as evidence that a similas by the Zimmern and Christie were reater act

was committed quested by the accused to murder

same person. Fung.

"There is

tions alone,

came to

authority," 5243

hei

comme news and Church relays.

Evening transmissions, European 119, Chinese 62%.

Monthly percentages European Mil- 47, Chinese 40.53.

following

During the month th Items were broadcast:

Recorded dance programmes 4, re- layed dance programme 1, European

The murder was actually com-added, "to show that feelings of studio concerts 13, Chinese studio mitted by different people at enmity alone can be taken as suf-concerts, European relays 7, Chi- different time and under an en-scient proof of murder."

nese relays 2, European lectures 4, Chinese lectures 2, Chinese Children's hours 3.

tirely different sut stances,

of circum-

Defence Not Afraki. Mr. Putter remarked

that for

New licencer Issued during July Mr. Patter went on to refer to an objection he bad taken carlier the reasons given in the authori-amounted to 92.

to the admission of evidence that ties qunted the evidence was not

hout Lai Ming-fay. I did not

the accused once threatened to admissible. Mr. Potter suggest-not be sufficient to convict. Eri- ed the evidence might be admitdence of great enmity plus partial led by his Lordship and the de-identification plus the discovery fence would accept it subject to on the scene of a revolver traced to prisoner, would connect him artmir objection later.

The detence was not afraid of

The Chief Justice: strike that evidence out then. The point has not been argued and can still strike it out.

case before the Court there was Mr. Potter: But it was sworn to the evidence at all, but they had with the crime, but in the present by the girl and the jury heard it. to take the point because it was something in between. They had The Chief Justice: I have not a vital one and no Counsel would enmity plus an agent connected in admitted this point. I in-take the responsibility of no ob

#21 struct the jury to take no noticejecting. of it.

Mr. Potter:

it at that.

jan innocent way, with the accused who, in fact, engineered the crime. Mr. Sheldon said that he venWere these two things enough? Well, we can leave tured to submit that this was the If they were not enough in law first time it was argued in the would it be safe to allow the evi- Courts in Hongkong that if "A" lence of enmity to go before a threatened to murder "" it show-ney? If the evidenet were not to murder utleient to prove the crime it ed his guilty intent "3." but if that intent were com might be that the jury should be municated to a third party it was told that it was not relevant. 好可 as evidence not admissible

An Adjournment.

Mr. Sheldon: If there is any doubt about it, your Lordship can strike it out now. It is not a mat- ter of any importance.

Counsel's Retort.

guilty intent.

Mr. Polter: Well then for the

In reply Mr. Potter remarkel life of me, I can't understand the

Mr. Sheldon proceeded to quote that if there was evidence that Crown's ense. I don't think Mr.

authorities Lo show that the au was the agent of the accus- Sheldon should

that. The say

Crown could give evidence of end and that he (Lau) had procur- other day the Attorney General Fave a ground for the question ity of the accused against the Tsui to fire the shot the case was admissible as for the Crown would be complete. IL deceased. and pressed for its mission evidence of motive, as evidence of His Lordship remarked that the after I had objected. It was not means and opportunity, that a Crown might not have the evi- even suggested then that the quessed und made preparations to dence or it was very slight. tion was of no importance. This murder Fang and that he had Mr. Potter replied that if there

is most remarkable.

lerive

to

Un om

or that it wax threatened to do the act, he hav

was no evidence slight he could not see how the ing asked Zimmern

would casion for a dagger because he evidence under argument

prove that Lau was the agent of wanted to murder Fung.

the accused.

fis Lordship reserved his de- rision.

Mr. Sheldon: Can't we' these personal matters out?

Mr. Petter: am entitled eriticise the Crown case in any

"Formidable Evidence." way like and I will. Here we

The evidence which it was have one learned counsel press- ing for the admission of a piece sought to adduce was evidence of of evidence

objection, a very formidable nature, and it and now his colleague gets up and showed hatred, jealousy and in- tention to kill the dead man, and' says it is of no importance.

The Chief Justice: I think the if it were proved that the dead answer was kives before the ob-man was in fact murdered, it was jection was taken. After the ob- not only evidence of mens rea but

over my

PHONE

23743

Jection Mr. Sheldon anid he would evidence that he actually did the CENTRAL RADIO

not press for its admission there was any doubt.

if act.

Mr. Sheldon quoted what he de- Mr. Potler: He says that to-scribed as a remarkable case in day, but the other counsel took a which a policeman was killed and depositions given by the police- different view yesterday.

man in a previous case against admitted to the prisoner were show malice.

Different Circumstances. Proceeding, Mr. Potter said, "Broadly speaking, on March 21st, It is alleged Zimmern and Chris- Lie were requested to murder

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His Lordship said that proof of RADIO EXPERTS - WORK GUARANTIED enmity plus proof of death would

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