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THE HONGKONG TELEGRAPH. THURSDAY, AUGUST 11, 1932.

MURDER TRIAL

ARGUMENT

MR. POTTER OBJECTS TO EVIDENCE

TWO PLOTS

Fung. You will note these im-) portant facts. The parties were entirely different; there is no con- nexion in fact between the alleg od incident from. February 18th. to 21st, and the incident which is: the subject matter of the indict- ment.

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

A crncial stage in the trial of Mr. Potter then commenced to Cheng Kwok-ynu on a charge of quote many authorities and read procuring the murder of George cases to prove his contention that Fung WAH reached yester-evidence of a plot to kill Fung by day, when Mr. Eldon Potter, K.C., poison could not be accepted as leading counsel for the defence, fevidence 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 Besses, on the ground of its irre- Crown could establish the case as levancy.

alleged in the indictment, which Immediately on the Court's re- was that the aceased had procur- sumption after the tiffin adjourned the murder through Lau Hing, ment, Mr. Patter took the point there was no necessity to put in that the evidence of Zimmern and the evidence of Zhumern and Christie was irrelevant to the pre-Christie to

prove deliberate in- sent case.

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.

The Chief Justice: I ought to "If the Crown cannot establish SUMMARY OF LAST MONTH'S have some note of the evidence by evidence that the accused

ACTIVITIES proposed to be called to which you through Lau lling procured peo are objecting.

ple to commit the murder," added;

During July, the actual hours of Mr. Potter: You have the de-Mr. Potter, then this evidence is transmission from

ZBW totalled positions and a copy of the open-equally inadmissible in that ing address of Mr. Lindsell. Inot evidence to prove that the acto European programmes and 107.50 have a case here where a judge cused procured

death to Chinese programmes, na follows: Fung'u

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

commercial news and Church relays, tions alone,

European 46%, Chinese 44%.

dictment."

is 266.25, of which 187.75 were devoted

Continuing, Mr. Potter said the

Mr. Potter laid great stress on defence's objection to the admis- the argument that evidence of an sibility of evidence taken broadly.net committed

ouce cannot date

that a similar came to this-on a certain

taken as evidence Zimmern and Christie

re later act was committed quested by the accused to murder same person. Fang.

were

Le

by the

"There is no authority," he

Evening transmissions, European 112, Chinese 62.

Monthly percentages European 59- 47, Chinese 40.5.

following

The murder was actually com-added, to show that feelings of layed dance programme 1, European mitted by different people at amity alone can be taken as suf-atudio concerts 13, Chinese

different time and under an enhetent proof of murder.” tirely different set of circum- stances.

Defence Not Afraid.

Mr. Potter remarked that for

During the month the Items were broadcast:

Recorded dance programmes 4, re-

studio concerts 3, European relays 37, Chi- nese relays 2, European lectures 4, Chinese lectures 2, Chinese Children's hours 3.

New licences issued during July

Mr. Potter went on to refer to an objection he had taken earlier the reasons given in the authori-mounted to 92.

to the admission of evidence that Lies quoted the evidence was not

to admissible.

Mr. Poltor

suggest not be sufficient to convict. Evi-

the accused once threatened ed the evidence might be admit-dence of great enmity plus partini shoot Ini Ming-fay,

The Chief Justice: I did not ted by his Lordship and the de-identification plus the discovery strike that evidence out then. The fence would accept it subject to on the scene of a revolver traced to prisoner, would connect him point has not been argued and further objection later.

The delence was not afraid of ran still strike it out.

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

jan innocent way with the accused eun in- take the responsibility of not ub-

who, in fact, engineered the crime. struct the jury to take no noticejecting.

Mr. Sheldon said that he vel-Were these two things enough? of il

Mr. Patter: 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- it at that.

Mr. Sheldon: If there is any Courts in Hongkong that if "A" tence of enmity to go before a doubt about it, your Lordship can threatened to murder "B" it show-jury? If the evidence were not to murder neient to prove the crime it strike it out now. It is not a mat-led his guilty intent

"B," but if that intent were com-might be that the jury should be ter of any importance.

municated to a third party it was told that it was not relevant. Counsel's Retort.

not admissible as evidence

An Adjournment. Mr. Potter: Well then for the

In reply Mr. Potter remarked life of me, I can't understand the illy intent.

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

authorities to show that the au was the agent of the nceus- Sheldon should say that. The Crown could give evidence of en- and that he (Lau) had procur- other day the Attorney Generalinity of the accused against the ad Tsui to fire the shot the case gave a round for the question

was admissible as for the Crown would be complete. decenses. It and pressed for its admission

His Lordship remarked that the after I had objected. It was not evidence of motive, as evidence of

means and opportunity, that ac-Crown might not have the evi- even suggested then that the eased had made preparations to ence or it was very slight

murder Fung and that he had Mr. Potter replied that if there threatened to do the act, he hav

or that it was 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 Lou was the agent of wanted to murder Fung.

the accused.

His Lordship reserved his de-

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Sept. 13

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

entitled Mr. Potter: 1 am

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criticise the Crown case in any way I like and 1 will. Here we have one learned counsel press-1 The evidence which it was ing for the admission of a piece sought to adduce was evidence of cision. of evidence over my abjection, a very formidable nature, and it and now his colleagne gets up and showed hatred, jealousy and in- says it is of nu importance.

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The Chief Justice: I think the if it were proved that the dead answer was given before the ob-man was in fact murdered, it was jection was taken. After the ob-mot only evidence of mens rea but

PHOM

23743

jection Mr. Sheldon said he would evidence that he actually did the CENTRAL RADIO

its admission

nol press for there was any doubt,

ifact.

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

depositions given by the police- Different Circumstances. than in a previous case against were admitted to Proceeding, Mr. Potter said, the prisoner "Broadly speaking. on March 21st.show malice. it is alleged Zimmern and Chris- tic were requested to

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