1932-08-24 — Page 19

SUMMING-UP IN THE CHENG TRIAL

"You have heard the

arm

- inclined to think, to shield his

friend Ah To Nul,

IN DIFFICULTIES. Ho (Tsui) got into great difficulties over the events of the

THE HONGKONG TELEGRAPH. WEDNESDAY, AUGUST 24, 1932.

THREE PAIRS OF TROUSERS

COOLIE SENTENCED FOR THEFT,

G.C.H. DRESSER CHARGED

FALSE PRETENCES ALLEGED

(Continued from Page 1), question of how I ought to up" he said "and I have decided not to sum up in the usual way, but don with the case on broud laes. I have come to that de-

How a coolie's curelessness In An unusual form of "squeeze” in cision because you have followed 19th March and gave entirely in-dreas got him into trouble was re-alleged to have entered into an the case with close attention and consistent answers

as regards to lated at the Kowloon Magistracy interview the other day between a I am sure you have competent the persons who were present. He before Mr. Fraser this morning, Chinese dresser at the Government judgment.

eventually setted down to the story, when Sergeant Tuckett prosecuted,

Civil Hospital and a woman that the persons present were him- a Chinese for stealing two pairs of patient. counsel for the Crown and the very full self, Wong and Ah-mui. He had trousers from the first floor veran

analysis

the said that Lau was present and the dah of a house in Shamshulpon. evidence by the leading counsel defence points out that as an at- for the defence. I do not intend tempt on his part to

bring in

Sergeant Tuckett said defendant to deal with those details again. Jau. As he had said, Tsui's final was seen by a Chinese detective, I would therefore ask to hear in answer was that Lau was not pre-, whose attention was drawn to him mind all the words put to you,["ent,

by the fact that the man was wear- particularly thone put to you on

ing three pairs of trousers, each behalf of the defence.

outside one being shorter than the Inner! The detective made quiries and defendant admitted having stolen the trousers.

and detailed

FOUR POINTS

of

"The charge in this case is an unusual one. The crime alleged is being an accessory before the fact of murder. To establish that charge, the Crown have to prove four things:

1. That a murder was committed.

They have done that.

2. That the murder was committed by Wong and Tui.

Whatever opinion you may have formed of Tsuf's evidence, I think you will probably be satisfied that the fatal shot was fired by Wong and that THui was present at the time.

His Lordship thought that they could reasonably find

031 his evidence that it was established that the person who procured him and Wohg Nam-sheung to commit the murder was Ah Lau. Lau's associations with them was spoken of by Cheting Ka-ma.

The jury, however, might say that they were not satisfied on

el.

In-

Sentence of six weeks was pass.

The dresser, Chan Sai-wan, was charged before Mr. Wynne-Jones at the Central Magistracy this morning, with obtaining $3 from the woman by a false pretence. He was remanded on buil of $500.

For the police, Inspector Dorling stated that the woman was recent- ly admitted to the hospital for treatment of a wound over the eye.

A number of stitches were put in by the surgeon, and the woman was discharged the follow. ing day, but continued her visita as an out-patient.

On one of these visits, sho 60W the dresser, whose duty was

to

Tul's evidence that Lau was the A.D.C. TO GIVE SHOW take out the stitches and perform man who had procured the actual murderers.

A FACT AND A PROBABILITY.

Continuing, the Chief Justice said that they had one admitted fact and one probability. The admitted 3. That the two men who com-fact was that the acensed had lost mitted the murder were procured by Ming-fay whom he had been sup Lau on the agent for somebody else, porting for years.

There

Owing to the some question may be

events of the 21st and 22nd about that point.

That the accused was the man Fornary she had gone to live with who employed Lau to organise this George Pung. murder.

น

That is the great point in the whole trial.

The Chief Justice then turned) to the "reasonable doubt" point.

"Suspicion, and even Krave suspicion", he said, is not enough! to bring in a verdict of guilty. The guilt must be established he- yond all reasonable doubt.

11

Of course that did not mean fantastic or fanciful doubt, but such a doubt as would make the jury pause in some serious affair in their own lives on which they could not take a chanco.

They could not, of course, take a chance against the prisoner.

Ho thought he ought to suy before coming to the case a few words on the conditional pardon procedure provided by lay,

J

PARDONS EXPLAINED.

The scheme of the conditional pardon was as follows:

The probability was that any bady in the accused's condition mu-t

have fell resentment against the man who had taken her away but resentment and anger was a very different thing, from murderous hate.

In his opinion adding that fact and that probability to the evidence

of

Tsui, there would still, he thought, not be enough on which to find the accused guilty..

COUNSEL'S POINTS...

PRODUCTION FOR NOVEMBER

The theatre-going public will doubtless be interested to learn that Dramatic Club has a play in active, Hongkong Anateur preparation for November next.

production

other incidental dressings.

each

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Members of 1, Sean Orchestra, Milan

A condition he la alleged to have imposed on the woman was that she should pay him five dollars for the work; in other words, he charged her a dollar for stitch taken out.

Eventually, the woman offered $3 and he accepted the money.

The following day when she again called, he reminded her of

8.10-0 p.m. Musical Comedy and previous terms. She was Light Opera, then compelled to interview a "The 1[sxttay That Jack Ball-Selection clerk in the reception office, who reported her statement to the sur-Mis ook of Holland-Voen! Gems (Rubens) geon. The present proceedings en- aned.

thespians may be assured

and 0177 local thr

of a continuation of the hearty support formances. always accorded to their per

Mr. Leo D'Almada e Castro, Sur., is appearing for the defence.

Owing to the closing of the Theatre Royal, the Club is having to contend with many difficulties, but every effort is being made to preserve its continuity, and it is hoped shortly to make an anNEW nouncement regarding the name of the play selected and the theatrej at which it will be produced.

We feel sure that such 272- nouncement will be received with general satisfaction, as even the, The Chief Justice then passed established institution could only temporary passing of such an old) on to the evidence of Christie and he viewed with the greatest re- Zimmern, That, of course was in-gret. tened to prove two things. First, the A.D.C. shew only six blank

The existing records the existence of murderous hate seasons in the past 6 years; and the mind of the accused, and these at wide hitervals. secondly, that he took active steps towards the murder of Fung.

He did not want to analyse the evidence again. It had been done "A" is arrested on suspicion of, very fully and very carefully by let them say, robbery. He makes the learned Counsel for the defence a statement implicating himself and he asked them to bear in mind and "B" The Crown feel they Lordship would add a further point the points which he made. His have not aulicient material for a before they could find they were conviction of "A" or "1" and not satisfied beyond sufficient material for a conviction doubt with the evidence of Christie, of "B" without the assistance of

and Zimmern. "A". They say to "A" "we shall obtain for you a full pardon if you will repeat on oath what you have told us about "B" and what we believe to be tritu."

Continuing, the Chief Justice said that on the trial "A" would! not be given a full pardon because the Crown did not trust him as het might go back on them and refuse to tell the truth.

MISLEADING VIEW.

al!

reasonable

They had to be prepared to find that the definite statements which the accused was alleged To have made were actually made by him. The statement regard ing the offer of $10,000 and the alleged statement that the two men had failed him on the night of March 19, etc.

to

of

the foreman's mouth, a slight gasp went round the court, int Cheng remained quite unmoved.

RESERVED POINTS.

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to his feet. "My Lord," he asked, Mr. Potter immediately jumped

points I have already mentioned?" "WI Your Lordship reserve the Sir Joseph Kemp replied in the amative, and added:--"I should like to have the points definitely stated adjourn for that purpose,

in writing.. I propose to What time do you think is sufficient in which to formulate the points?"

Mr. Potter:-To-morrow morn-Consolidated Gas of ing. Do you mean to have them put before you in Chambers.

The Chief Justire: No, in court.

JUDGMENT POSTPONED. Addressing the accused, through

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9.30-10.30 p.m. From the Studio. Selection by the Rats. "Empress of Japan" Drchestra under the direction of Mr. W. A. Storey.

Proactamme,

1 Overture "Miulature"" from the

Cracker Suite Technikownicy).

2 Bedlinago (Victor Herbert).

Sulte "From The South (Nerde)

Intermission.

Nan

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Senators Snatch Another Win in Thirteenth

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BOTH BRANCHES INVOLVED. If they were satisfied on that Mr. Potter had put the matter point and if they were also satis ! to the jury and he had not the fied on the evidence of Tsui that the interpreter, Sir Joseph Kemp. least doubt with all sincerity that Lan was the man who had organis amid a deep hush, said "Cheng those were his considered views, ed the murder and he was an agent Kwok-yau, the jury have but his Lordship thought the jury for sanely they had to be satis, animously found you guilty. were entitled to form their own fled that these two things would. propose 10 reserve certain points opinion, and he thought it was bring home the charge misleading to say that the witness accused. If they believed both Full Court. In the meantime

the of law for consideration by the must earn his pardon putting the

blame on someone evidence that Lan, the accused's

branches or evidence, they and the shall postpone judgment.” He had to earn his pardon chaleur, the man who organised elle. in one sense and the way he earned the crime, had somebody behind

To the jury, he said "You, gentlemen, will not be required to attend. And I shall exempt you from further jury service for a period of 10 years."

REMARKABLE SCENES,

by

hate

it was by telling the truth and not him. They also had, if they be by getting one man convicted.

Continuing, his Lordship said that the accused was at the same liever both branches of evilence, that Zimmern, Christie and Tsu time #lled with murderous Yum-sang were, he thought, per-against the deceased. They could sons not without some intelligence. then find the accused guilty, that aiately broke out in the court, but Although the jury was entitled to a different view, he found it dilli-believeil both branches of evidence, Cheng, stepped down from

was on the assumption that they there was no demonstration, and cult to believe that they mis- understood the position with re-

gard to the conditional pardon.

that

pointed

out one. danger in the procedure—

REASONABLE DOUBT.

A hum of conversation imme-

court.

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It might tend to make the witness If they did not believe Christie who has a conditional pardon a little and Zimmern's evidence, if they nessed during the final stages. Remarkable scenes were wit complacent, a little anxious to help were not satified beyond reasonable Pully 600 people gathered in and the prosecution. That, he thought, doubt then his Worship's view was around the

was danger in the procedure. His Lordship, however,

the verdict must

European be not women predominated in the front guilty.

part of the public benches and that he did not think it ensured the jury were entitled to disregard, front of the dock.

He had expressed his views but also occupied chairs along the true evidence being given.

those views. He would leave the Take the case of Tsui, proceeded case in their hands. The reapon- sider their verdiet, Cheng reveal- When the jury retired to con- his Lordship. He was a man who, siblity now passed on to them and ed for the first thre some signs of | was prepared to tell any lie to gain he was sure they would discharge self-consciousness. his pardon and, if he thought he must get the accused convicted in it with reasonable eure and fulled over and stared up at him. He order to earn that pardon, it would

confidence.

turned his face to the ceiling to asy to invent a story (which would

London, Aug. 23. avoid their glances.

Record sales are announced by be broken down) Implicating the

During the jury's half hour British radio manufacturers par accused, but he did not impllente

absence, powder puffs were ticipating in the exhibition at the accused at all.

plentifully used, whilst many read Olympia. the droning of bees, broke over been received for all they newspapera- Conversation, like One firm states that orders have

whole court, which

can became produce during the next eight months, while another claims that Upon the jury's retirement, Mr. last year's record has been beaten R. E. Lindsell and Mr. H, G. and business will probably be Chong stond erect, his only sign Sheldon, Crown counsel, left the doubled. A third have engaged an foul's evidence? Did they believe of emotion being a nervous finger-court room, but defending counsel additional staff of aeven hundred he Zimmern and Christie evidence?ing of his black and white check and solicitors, Mr. Eldon Potter, mon

POINTS FOR JURY,

He thought there were three points on which the jury would or might have to make up their minds, The first was:

Did they believe

The jury then retired.

JURY'S RETURN

A tenge the

The jury fled back into the over- crowded court at 11.29 after an ad- jourriment of 30 minutes.

llence hung over the whole court room, when the Chief Justice re- turned to the Bench.

more and more crowded.

to cope with the orders.-

f they believed both, were they lie. Other than this he remained K.C., Mr. F. C. Jenkin, K.C., Mr. British Wireless. ogether enough to antisfy them be-erect, his face boing perfectly im-, Lim and Mr. G. K Hall Brutton, ond all reasonable doubt that the mobile. ccused was guilty of the charge Addressing the jury, the Court discussing events in low voice.

all, remained at the counsel table, nado against him?

elerk naked: "Have you agreed; The return of the jury was the As to Tsul's evidence, there was upon your verdict?"-We have.

doubt that Tauf tried to

signal for considerable movement "Are you unanimous?"We aro., in the well of the court.. Polico "How say you. Is the prisoner wore compelled to clear a passage at guilty or not guilty?"Gulity." through the crowd to enable the

As the fateful word came from Jurymen to return to their sente.

To

ke his evidenco agree with of Ah To Nut or taa bis Lordship was rathor |

pressure is highest to the north-east The Royal Observatory reports that of Hokkaido. The typhoon is situated about 250 miles E.N.E. of Foochow moving W. or W.N.W. Local fore cast:Westerly winds, moderate to fresh, fair generally, with local rain.

re-

McNair, Miller, Simmons and Cochrane all hit home runs for the Athletics, who are making the most of their remote chance of overtaking the Yankees, who versed yesterday's result against St. Louis after a keen hitting match. Lou Gehrig scored the winning run with a circuit clout.

Lee hit a home run for the Phillies, who played poorly against the potential National pennant

winners.

Results:

NATIONAL LEAGUE.

AMERICAN LEAGUE.

Bonten Detroit New York St. Louis

1

13

11

13

Philadelphin Chicago..... Washington Cleveland

15

14

12

14

4 14

-Router.

League standings follow:

NATIONAL LEAGUE.

Chicago Pittsburgh Brooklyn Boston Philadelphia St. Louis Now York Cincinnati

51 .604

64

.533

57

.588

62 .600

.492

63. .476

72 424

38888953

.488

AMERICAN LEAGUE. Now York Philadelphia Claveland Washington Detroit

82 87 .059

St. Louis. Chicago

Boston

74 48 .007 70 51 .678 67 58

.568 09 53

87 81.

81

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