1934-09-07 — Page 17

THE HONGKÒNG TELEGRAPH. FRIDAY, SEPTEMBER 7, 1934.

MEASLES HITCH IN NULLAH OUTRAGE TRIAL

GIRL WITNESS ABSENT

ADJOURNMENT OF CASE REFUSED

Wong Shiu-tak, accountant of the Swatow Drawn Work Co., Pedder Street.

The last-narmed said accused was dismissed from the Company some months ago and went to Swatow, Ile appeared at the shop on June 21 and said he had been chested of and had been ordered off the ship at Hongkong because he had MR. R.C.H. LIM'S money to pay his fare td Singapore. He had a brother. Nie mi-yuen, at the shop,, where stayed for one night, going out on June 22 after a small meal.

SUBMISSION

ACCESS TO LETTERS.

An application for an adjourn. ment of ten days or a fortnight, which the Assistant Attorney

Cross-examined he said there General said he was reluctantly were 19 employees at the shop, obliged to make, this morning threatened further delay in theil of whom had access to the trial of Ng Loi-yuen for the cockleft where accused's belong murder of Michael Pine on June inks and the letters were after 22. The Chief Justice, however, declined to adjourn the trial.

"Making the application at the the close of other evidence for Crown, Mr. J. A. Frasor said that Mary, the sister of decessed, was admitted the previous day to hospital suffering from menstes and there was little likelihood of her being out before ten days.

be

Previously, Mr. Fraser has sail that as the girl's depositions ut the Magistracy had not been given on oath, they could not, now put in, and there did not appear to be any way of placing her evidence at the previous trial before the present Jury.

APPLICATION REFUSED.

The Chief Justice, Mr. A.D.A. MacGregor snid: It is n very serious matter to nilów a endo of this kind to stand over for such

wards found.

only evidenes which can possibly be used against him, I submit, is the evidence of Mrs. Fairburn.

on

His Lordship Assuming that is correct, if the emu rest one witness alone, are the jury not entitled to consider hor evidence?

my

Mr. Lim: Quite, my Lord, but Mrs. Fairburn's evidence does not connect the murder with accused. She says she saw accused throw a bey, and a girl down, and learied Triend said these, two could be na other than Tony Flood and Fay Compton. There were no other children on the bridge at that time.

not michael pINE.

His Lordship: She saw no other children

Ale, Lim: And, what is more Wong Kun, a Lance Sergeant, important, six saw the children and L/Sergt. Hunter gave evidenceiving in the same position as they of mecovering accused's belong had been thrown. She saw two Ings, and Acting Sub-Inspector children thrown in and neither of posthem was Michael Pine. There is O'Donnell said he retained session of the letters.

Mr. T. Murphy, A.S.P., detailed the events at the Identification parade, when Mary Pine and airs, Fairburn unhesitatingly picked out the accused.

When this had been refused, Mr. R. C. II, Lim, counsel for the defence, and he wished to make submission that there was no case to go to the jury.

no connection between accused and

Michael Pine at all. Taking the evidence of the other witnesses, they are less Important than Mrs. Fairburn. Take the evidenco of i the soldiers who discovered ac- tunnel. Accused

Statements already published and the substance of the lettore cused in the were read to the Court, after which made a statement at the Police Mr. Fraser asked for the adjourn-Court that he had wanted to commit suicide because he had no ment.

money. He was in the tunnel. The place was dark and the water was running fast and he had the intention of committing sulcido. According to the evidence of Dr. Valentine, the cold water must have sobered him up to the extent that he realised where he was. His first intention was to commit suicide, then Private Simmonds and McCarthy" came in and whether he dragged him out, wanted to or not.

His Lordaklp: Certainly you miny do an, but I may say that I have heard this submission before and my mind remains unchanged. Mr. Lim: I wish very strongly to make a submission.

lengthy period. The jury have hoon Hatching with great atten- tion, but they have other matters to attend to and 11 is very difficult for them to carry all these details In their heads. I am very reluct-point raised. ant make an adjournment,

Mr. Fraser: It is not my wish, but those are my instructions.

His Lordship: Having regard, to all the circumstances. I shall not grant an adjournment.

Prior to the application, evidence was given by Sik Shek, on duty in the prisoners' ward at the Government Civil Hospital on June 22; p Cheong, coolic at the G.CH. Yip Man, ward boy; and

The jury accordingly left the court, while Mr. Lim argued the

THE ONLY EVIDENCE. Mr. Lim: A great number of witnesses have been called and a great deal of evidence given in this Court, but there is no evidence from any of the witnesses which connects accused with the murder as stated in the charge. He is charged with

the murder of

His Lordship: it your sug- gestion that there were three amazing coincidences that morn- ng-1, that he threw two children in: 2, that he threw himself in:

that the other children fell in? Mr. Lim: The others might have fallen In from higher up.

CIRCUMSTANTIAL EVIDENCE.

His Lordship: We have the evid. Michael Pine. In the absence of ence of Eric Davies that he saw the evidence of Mary Pine, the them all together. It seems to me

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Gamblers, sharp- shooters, blondined dolls...calloused and mercenary! Their icy hearts ware 'melted by a little tot whose daddy hock- ed her for $201)

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that if your submission succeeded, there never could be a cuso on 'circumstantial ovidence,

Mr. Lim: The circumstantial evidence must In some way con- neel accused with the crime. There is no such evidence here. There is evidence that Michael Ping died from having beenavrish. ed down the nullab into the sea.

His Lordship: The injury to the head was in Dr. Valentine's opinion, more consistent with a

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Mr. Lim: There is no evidence that he was thrown in. He might have fallen in.

His Lordship Unless there is anything else you wish to sny, 1 am against you Mr. Lim.

Mr. Lim naked that his sub- mission be recorded,

ACCUSED'S STATEMENT. Accused was then asked whe- ther he wished to give evidence, and he elected to speak from the dock. He said: "I am not used. to taking intoxicating liquor. On that day I had plenty of liquor and I do not know what happened to me afterwards."

No other evidence was offered for the defence.

his

Mr. Fraser, commencing final address to the jury, salt the case for the Crown was, briefly, that, accused threw five children into the nullah, one of them being Michael Pine, who dled later from his injuries. The defence, as far that he understood it. was Michael Pine was not thrown in.

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"If he was thrown in by the accused, what conceivable motive could he have? That is a question which you will have to ask for yourselves and decide. If the accused did not throw them into the water, how did they get there? There were five children on the bridge. It was said they were in a bunch on one side of the bridge, intent on throwing stones into the water. How easy to have walked up behind them and thrown one after the other over. I put it to you that this was what actually happened. The only reasonable explanation for five children being in the nullah is that all five had Paris

[Geneva been thrown in at the same time.

There is another issue which I Berlin

Helsingfors ahould have mentioned first. It Onlo has to do with a question of Athens whether the accused was aane at Milan the time of the murder. No think-Buenos Aires ing man in his right senses, one Shanghai would have supposed, would think New York of doing a thing like that." I

"Mary Pine is ill, and if she is to be called as a witness, It will be keoping you waiting for two weeks before she can come here. The case, however, is simple, and the absence of Mary. Pine's evidence has not changed one tittle the case for the Crown. In my presenta- tion of the case for the Crown, have brought her evidence in, and I must now ask you to forget any- thing I have said about her evidence,

"A question which you will have to answer is: How did Michael Pine die? Did he dio by falling into the nullah, by being thrown into the nullah, or by striking

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Amsterdam Vienna Prague

.74.20/32

Bucharest Mudrid Hongkong Aug. 5. Aug. Brussels

74.13/10 Stockholm

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422

36.3/10

30%

1/0

1/6.19/16

.21.05 44

21.04

15.13

.12.54

16.13 Copenhagon 12.64 Llabon

19.30

10.803

.2240

20.402

:110%

110%

..226

226 Bombay

1/8.1/10

-1/6.1/10

.10.00

1/2%.

1/2%

GL4

.41⁄4

· 44

67.0/10

39%

39%

36%

1/5

1/5 Montreal

36% Belgrade

.210

210

.4.78

4.87

6.01%

4.90% Silver (spot)

21

21.13/10

720

720 Silver (forward) .21.11/10

2172

.264

20% War Loan

*100

118%

British Pirolaes.

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