1932-08-23 — Page 19

TELEGRAPH. THE HONGKONG

TUESDAY, AUGUST 23, 1932.

THE W. W.

BRAND SHOE.

DEFENCE ATTACK ON CHENG TRIAL PARDONS

(Continued from. Page 1).

another humour!"

touch of his АСАНС

of

mn

Nathan Hotel two nights previously was arrested on April 4 and that Ah To-nui and his bunch of scour-Cheng's life and Fung's death. He and appearing as a dramatic figure the case was shortly afterwards drels came into the picture. The wondered if they had pictured glaring at Lai Ming-fay, it was just opened in the Police Court.jury would appreciate that that during the trial the young

being It Was not ' until the end evidence, which had not apparent walking down the street, of June, however, that intima importance at first, then. became shot down defencelessly and help lessly without a chance. That the Police that very nignificant. "It is not contradicted," said tion reached

to his young man had passed Mr. Sheldon, that the prisoner the evidence of Tsui, Ah To-nui the

death. By whom was the death kept Lai Ming-fay, but not as his public car driver, etc., had 'beconf mistress. He intended to marry available to the prosecution.

brought about? "I say to you,; Commenting upon the evidence hor.when he came of age. When

the of Taui, Mr. Sheldon said he was the quarrel took place and

it was a matter of girl left him for George Fung, quite certain what would be the feelings of the regret to the gentlemen of the jury and to everyone in Court that that' prisoner?

man (Taul) was not occupying the same position as the prisoner.

NOT CONSISTENT. "The defence anys this young importance, man of wealth and with many attractions for women,

ONE OR BOTH?

RADIO BROADCAST

"FAILED HIM." Counsel went on to the events of the night of March 19 when by the prisoner," added Mr. Shel- RELAY OF THE SOUTH WALES

BORDERER'S BAND the abortive attempt was made don.

Zimmern, in to murder Fung.

Broadened by Z.B.W. on, wavelength of

Aretar of the band of the 1st. Batts. Houth

He knew, added counsel, that his evidence had said that he they (the jury) would listen care- met accused on March 20 when fully and sympathetically to any 366 metres. (46 K.C.'s).

5-6 p.m. the prisoner told him that his cogent explanation suggested by the two men had failed him in his defence, but if he was right, the Wales Borderers, conducted by Handmaler he knew they would uot full in Berks, from the Military Hospital, Bowen Instructions.

their duty. In the name of the kund. by courtesy of the Officer Commanding. 6-8 p.m. Chinese recorded pro- They knew that no man could be Mr., Sheldon commented upon whole community in whose interest was tired of Lal Ming-fay-that convicted hi a criminal court except the extraordinary corroboration of it was vitally important that all gramme.

on legal evidence brought against Taui's evidence of the abortive at-crimes of this nature should be she was a woman well rid of."

of Zin-punished, and by punishment, aup Mr. Sheldon asked if this were him, and as it sometimes happened, tempt in the evidence

the mern of his meeting with Cheng pressed, he asked them to convict consistent with his statement on land as it had happened in

the prisoner. those responsible the following day. the present case. meeting Lai Ming-fay in

the prosecution of the

NIGHT OF MURDER. Hongkong Hotel on February 24 for

DEFENCE REPLIES or 25-"If you go to live with criminal law had to decide to let

Counsel aid emphasis on the George Fung, I will spend all my one man go free in order that money to prevent you living hap-justice might be dealt to another evidence given by the amal under SURPRISED AT CROWN'S An Aern In Paris (Gershwin) pily. If you give him up. 1 will rather than that boil should es-cross-examination by Mr. Bration

take you back.

VANITY AND CONCEIT.

to live with a penniless man-had left him, the rich, eligible young mon for this man of no substance, George Fungt.

"What was in his mind night was no sense of He had not only lost He had lost "face,"

L'ape.

Tsui was not in the dock charge of murder.

211

The

reason given for

the re-

ahad wanted money with which to gamble notwithstanding the fact that he had won $148.

MUST BE A REASON. that The evidence of Tsui, again the kumour. defence had suggested, WIS #: his girl. Lissate of lies, and again no rensan;

Juzd been given or suggested by the Mr. Sheldon contended the de- defence why this man should have fence's story was unreasonable, gone into the witness box and told The prisoner knows the truth" these fes and such a queer story, he continued, "and if Zimmern If, as the defence said, his story and Christle are lying, then the was a tissue of lies, there must be true story has not been put in by a reason for it. the defence."

SIGNIFICANT statement.

After dealing with the alleged plot by Zimmern and Christie to swindle the accused, Mr. Sheldon the defence were declared if true, there had been traordinary coincidences.

The gentlemen had heard.

netes-

8-10.30 p.m. European programme, 8 p.m. Local Time and Weather Report, Stock Quotations, etc.

8.3-9.47

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Victor. Cancert Orchestes 30000.

Might Refections Malneck & Vignorellij

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Carmen izet-Borowitz)

Lefebvre)

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Victor Symphony Orchestra 35970. Menatofele (Baltu, urt. Creatare) itnud-Mefistofele Prolegue (Doke. rr.

(Bolte. arr. Creatore) ......Creatore's Band 35971. 9.47-10.25 p.m. A programme of records from Z.D.W.'s Library. The entire musical numbers of "The Mikado”

(Gilbert & Sullivan)

Columbia Light Opera Company, 10.25 p.m. Rugby Mid-day Press New a

COMMENT at the Police Court, that when ac-

Mr. Eldon Potter. rose at 11.20. The jury would have seen, they cused arrived home on the night of ¡would have easily visualised in this

Paul Whitemou & 121 Concert Orch.

8.37-9,39 p.m.

A Concert. "My case is," said Mr. Sheldon, that there was the alternative the murder, she told him that Fang They had listened carefully, heigh Water Brennan-Metucky

of Taui and the prisoner, both ofad been killed but did not tell said, to a large amount of evidence him who told her. The accused and to two speeches, and if there "that when he knew she had gone them guilty of murder.

fare he had to occupy any length of song-The tells of St. Mary's Furber-Adama

Dreaming ir-i There was the reason, as the did not ask but left again.

time in summing up the case, il Sens--Ever at Thee I'm Findly his vanity and conceit were

(2.Soley-tail) reparably wounded. The girl be gentlemen of the jury would hav

Frances Aldo (Sopran) 1176. Violin Suio-En Intenu (Hosting) (Dehursy) portance of the proceedings. had supported for years huil gone' rendily appreciated, why the man turn to Village Road was that he was because of the tremendous im-

"Gentleman." he said, "I am in Slo-The Molden with Flasen Hai

(3-1{nctionnis}

Fritz Kreisler 138. surprised at the concluding remarks

I have Se-Uncle Ned (Poster) of Counsel for the Crown.

Four-old Binck Joe Foster) I have

Iawrence Tibbett (Barkone). 1265,

Minar Sharp A month before the murder, been used to prosecutions.

Inheard them in many countries and Piano Sol-Manurka in continued Mr. Sheldon,

from Themes Ming-fay bod left him and had in my young days in my own coun- Piano Sole Variations

Villmir Horowits 1827. (bendelssohn. gone to George Fung: seven try we used to think they were

Arocinted Glee Clubs of America days before the murder the ae- rather barsh. But I have never chorus--t Wingemiz cused had taken the trouble to before heard a Crown Counsel ask

16991. of the the jury to take into consideration go in the early hours

"Cello Solo-Munette (Bach-Pollathi morning to sit in the room and the fact that a man was shot down Cell Houtka (Pepper)

l'abin Canis 1549. Sony-Mighty Luka Rose (Stanton-Neving glare at Lai Ming-fay at the Io.in cold blood,“

JUDGES OF THE CASE.

Song Somewhere a Voice Is Calling (Nexton tei Nathan; five days before the

Tnie)....Frances Akla (Soprano) 1189. murder he had a gang to help

In issuing a warning to the jury Violin Son-Do You Know my Garden (Haydn him to heat Fung up.

to rid themselves of any precon- violin Bolo-No One Knows (Gordon)

Reur Chenet 127. He contended that Zimmern and Lordship speaking to the witness

the only Tsui on the pardon which was con- Connael suggested that the rea-erived ideas on the case, Mr. Potter!

9.30-9.47 p.m. Operatic. Christie's story Was

ditional on him telling the whole som Cheng did not ask the servant said: "This case has aroused i reasonable explanation.

truth, and he (Mr. Sheldon would who had told her Fung had been considerable amount of interest und submit that it was a very strange shot, was because prisoner know it has been fully talked about. 1 position that the man should lie to before he went to 50, Village Road don't suggest the presence of the his own peril, as he admitted quite that Pang was going to be mar- opposite sex in court has frankly that he was a murderer in here or his men were waiting to sarily increased that talking, but it Creatore the present case although he denied murider him and when he went to has been talked about by us all. to Mr. Jenkin that he was almue Vilave Road it was not,

to get and my friends have talked

it

have nad 80 derer in general.

money at to see whether his plans about

with your friends.

We have had been carried out or not.

it and views about expressed have listened to other peoples' "We have proved the plot by views. But you are now judges of Mr. Jenkin made this state-truth, that he would go into the. ment because Chen said he would witness, box and tell a false story, Zimmern and Christie to murder the case and it is your responsi get me lawyers. I saw Cheng and which, if it were false, would im George Fung: we have proved the bility to decide whether the man Mr. Brutton coming up to peril his own nerk? The defence abortive attempt made on March in the dock lives or dies. It is Police Court and I thought he had said it was a tissue of lies, but 19 by the ather men. Wong and therefore imperative that you put again could not give ane lugu Ah Lau: we have proved the pre-out of your minds every bit of

the hypodermic gossip, every word, and Mr. reason why it was false, and false parations

throughout.

syringes that the prisoner spent preconceived idea you may have

7.15 p.m.Request Perlod, before you. Forgive me for men.. Mr. Sheldon then went on to $10,000 to have Fung killed: we had, and deal with the evidence |

had L deal with various other paints, lave proved that Cheng

it." All Zimmern know, said Mr. and conclude his

address at trusted chauffeur under an obligationing it for I know you will da

tion to him who would help in the

POPULAR BELIEFS. Sheldon, was that the prisoner had; 11.20 .m. let him down by not sending the! Mr. Eldon Patter then opened' killing of Fung, and we have prov-

Mr. Potter next made clear to the ed that Fung was killed by hired Jawyer to him as had been

assassins procured by the trusted jury his position as defending mised. He suggested that the ne

chauffeur. We know that Ab Lau 'counsel. It was a popular belief thought in Zimmern's mind was

that lawyers said anything to get that the man was trying to savej Mr. Sheldon then went into the paid $2000 to these men.”

Mr. Sheldon charged weakness in their clients off, but he would point his own neck instead of helping discrepancies in the evidence ori Zimmern and Zimmern's response some of the witnesses, and said it the defence as revealed by the cross-laut to them that it was not his then was that he would tell all would be very curious if a case examination. All they had bland-duty to twist or distort a single tion is that they give full and true this nature disclosed. no diserey said to each of the Crown wit-fact. It was not his duty to throw a liar". ardust in the eyes of the jury. He Bosses was "You are

asured them that he would not if It was suggested by the defence panties.

When two witnesses were called "that is another lie" or "just that the whole story, or practically the whole story, of Zimmern and for the prosecution and they dis-tissue of lies". Yet they could not he could, and that knowing them, Christie was a pack of lies but agreed, if the disagreement was a suggest one single solitary reason he was sure he could not if he

of importance the jury why these people and witnesses would, the only reason pat forward by the matter defence was that the two witnesses would obviously have to believe should have endeavoured, to swear had intended to swindle theo or the other. There was no away this man's life. prisoner.

some

ex-

Mr. Sheldon went on to refer to

OWN NECK IMPERILLED.

Zimmern's statement after his Was it likely. The pardon being arrest and one of his replies to conditional on his telling the

double-crossed me.'

significant atatement, Sheldon.

said

ZIMMERN "LET DOWN".

he knew.

LIFE AND DEATH.

the

pro for the defener.

DISCREPANCIES.

duty on the prosecution to call! matter; every witness. It was a entirely at the discretion of the

"PROOFS."

L

you

every

WITNESS' CHARACTERS. "It is on the evidence of the Crown witnesses that you must not find the prisoner guilty or

48

19.30 p.m. Close Down.

KZRM PROGRAMME.

day's broadens from the Manlia atation! Dom-Statio Music. G.16 Spanish Informational Period. 6.30 pt.-English laformotional Teriod.

Tagalog- m.Dialect Programme

Amadu Fernando and Dely Fernando-Fongs and Dialogues.

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Pirree Orchestra. 10.30 p.m.-Close down.

evidence.

I have no doubt about the way these people considered their pardons.

If by their evidence they can get a pardon in this case, they are safe and I submit you have here the unedifying spectacle of people like Zimmern, Christie and Tsui going into the witness" bax prepared to say anything which will secure a conviction in this case, because obviously that is the best result from their point of view.

the man

80

"MOUNTAIN OF LIES." Would not the defence lave

We know all about Christic. He Mr. Sheldon put it to the jury prosecution, subject to the diree-sugusted the true version if the guilty. that when two persons, he did not tion of the presiding judge, but incidents established by the Crown

a black mind what their characters were, the Crown in the present ense had witnesses al the evidence given is a convicted criminal. Zimmern definitely committed perjury which called every witness and would by the witnesses was not, in fact, has been described

the true version, asked Mr. Shel-sheep. They are admitted swind- word might involve a man's life and leave it entirely to the jury.

WEAPON OVER HEAD. don. Did they not think that the lers. They jibbed at the death there was a reason for it

theblackmailers," but that does not AMAIL'S DISAPPEARANCE. prisoner, if the evidence by

This is unprecedented. In the and what renson did the defence)

Commenting upon the discre- Crown was false, would have in-matter much.

"Mr. Lindsell has gone so far ordinary way, when the Crown suggest for Zimmern and Christiei

as grants a pardon, becoming involved in the terrible [pancy in the evidence of Lai Ming-structed his Counsel in a way that!

Tay and her amah regarding an would have scattered the mountains to describe their evidence

fainted. I shall later on describe pardoned is a free man. He goes deal?

their evidence in much stronger into the witness box as a free man. The defence gave no reason, no alleged loan of $200, Br. Sheldon of lies brought against him?

that "The only explanation is remarked that the disappearance

No weapon is held over his head reason at all except that they of the amah would be a matter they cannot explain away wanted to swindle Cheng out of which the jury would obviously evidence of the proscention he

"Then you come to Tsui and and his evidence is given without $10,000 and failed, and that was take into consideration.

enuse the evidence given by

his friends and we are told by fear of proceedings being after-

wards taken against him. are i Crown that they the reason they had gone into As to the evidence of Zimmern! witnesses was the truth."

dangerous court and endeavoured to swear and that of Lau Mo-kwong in con-i

and worthless the prisoner's life awns.

For myself, I can scoundrels. see no distinction between the Toul gang and Zimmern and Christie. They are all worth- less and dangerous scoundrels. PARDONS ATTACKED

A SIMPLE STORY.

the terms.

the

be

the

to decido

"Here you have three men BRIDGING THE GAP.

who are still struggling for their nexion with the drive to Happy

Referring to the legal argument Valley on the night of the murder, !

pardon. They may get it, or counsel pointed out that to lauyesterday afternoon. Mr. Sheldon

they may not. I suggest it is Was it to be seriously auggested the accused might not have ap- told the jury that counsel for the

obvious that these men are that because they intended to

trying to do their best to secure awindle Cheng that they had in-peared nervous and did not seen defence had solemnly and serious- to be driving faster than usual, ly suggested there was no case to

4 conviction because, in that vented stories connecting the

while it was possible Lau did not go before the jury. That there was

Ilcs their own safety. events of the murder which they hear the remark about the road no direct communication between- Mr. Potter vehemently de-

Why on of death.

"I put this to you:

If you had Counsel, on the other Ah Law and Cheng. That therenounced the system under which know had taken place?

not

of special earth did Zimmern and Christiend, pointed out that Lau was a was a gap which could

a matter these witnesses had been granted importance and that matter con go into the witness box and tell a friend of the accused, who had bridged by evidence given in that conditional pardons. simple story, that they wanted to given him money on occasions. If trial. To this, and Mr. Sheldon,

"I do not know who is respon-cerned someone near and dear to get $10,000 and had gone to the the jury bad to decide between the he would reply that there must sible

section of the you, what notice would you take of Nathan Hotel to alap Fung? veracity of two witnesses they always be gaps in cases of circum-Ordinance under which they have such evidence as that given by

That was the only story they could not fail to take that into con- stantial evidence and would been pardoned. My Lord has told Zimmern and Christie?

And now in this caso-a mattor submit that they could reasonably you that in all his long experience of life and death-you are askod bridge that gap by the evidence at the Bar and on the Bench, in to say, on the evidence of these had been placed before Hongkong and elsewhere, he has two, that the accused is guilty of

never known such an Ordinancs to bo put into operation,

need have told.

Whatever the jury might think

sideration.

NEW EVIDENCE.

which

lv

of the characters of those two men, Mr. Sheldon submitted, with some After referring to other discre-them. confidence, that neither of their pancles, counsel commented upon Mr. Sheldon argued that stories had been shaken one fota what he described as a legitimato Crown had carried the caso in cross-examintion.

criticism, although he was not enough for the jury to

the

for

decide

for that

I do not know who has been If their stories were falsa, no suggesting that any criticism of that the charge against the prino- responsible for granting the pardon under this section, but witness in the world could go into the defence was not legitimate. Ilener had boon proved beyond reason- the witness box and be cross-cx-referred to the criticism of state-able doubt. They had carried it whoever it is, I do not think it

does him much credit. amined with the ingenuity of the ments which were not given in ovi- into such a realm as to allow the defending Counsel without their dance in the Police Court.

jury to believe what the prosecti

This is the position. You have stories being, disclosed as false.

Mr. Sheldon pointed out that it lon had told them.

They had been told by the de- had men called before you to give was not until the Folico Court had Prperiding, Mr. Sheldon said the gone into the evidence of the Zim-fence that it was a matter of life evidence who have been granted morn-Christie group that Teul, and death. He agreed. It was conditional pardons and the condi-

TSUI'S EVIDENCE.

murder.

A TRAVESTY.

"A pardon under this section of the Ordinance is a travesty. We pride ourselves on our laws and our administration of justice. We pride ourselves on having great men to administer that justice. It

is tainting the very fountains of (Continued on Page 0.)...................

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Captain E. McC. W. Lawrie, who was promoted on December 31, 1932, sorved right throughout the Great War, and was mentioned in DUE HERE TO-MORROW despatches, receiving his D.5.0, in 1010. He commanded the ice- MORNING

troyer depot ship in the Meditor- Arrivals by the P. & O. liner ranean and was in command of Ranchi to-morrow morning will in-H. M. S.: Comus, of the Second clude Captain Edward McConnell Cruiser Squadron, Mediterranean Wyndham Lawrie, D. S. O., who Fleet. He was appointed Captain has boon appointed Commodore at in Charge at Simonstown in 1929. Hongkong in succession to Cap-¡Captain Lawrio was born in 1882, and married the daughter of Com- tain A. H. Walker, O. B. E,

No official arrangements have mandor James Evans, R. N. been made to receive Captain Law- Captain A. H. Walker, O. B. Eg rio aboard the Ranchi. He will was appointed Commedorá vat proceed Immediately to H. M. S. Hongkong on September 19, 1930. Tramar, where the new Com. He was promoted Captain in June modoro's pennant will be hoisted 1920, and previously commanded. to-morrow morning. H.M.S. Tamar H.M.S. Warepite, of the First Bat- or H.M.S. Folkestone will then fire tle Squadron, Mediterranean Fleet

Par

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