1934-11-17 — Page 18

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PEEJAY

THE HONGKONG TELEGRAPH.

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SATURDAY, NOVEMBER 17, 1934.

ASSAULT CHARGE

WRITTEN JUDGMENT TO BE DELIVERED NEXT WEEK

At the conclusion of another hearing of the спас in which William Gordon Routley, a land bail attached to the Public Works Department, is nummoned for alleged assault on a Chinese woman, Mrs, Lam Yuct-fong, at the Kow loon Magistracy yesterday, Mr. J. H. B. Lae reserved judgment, and informed the Court that he would deliver a written decision on Friday afternoon.

Mr. P. Sin appeared for the com- plainant, while Mr. F. H. Louchy, of Menars, Runs and Company, se- presented defendant..

The defendant under crets- examination by Mr. Sin atated that he was slightly angored by the complainant pushing him. He was not accustomed to such treatment.

Mr. Sin: I put it to you, that] you are a bully and a humbug.

cd.

Defendant: You are misinform.

Defendant was reminded by Mr. Sin of an incident which occurred Rome time ago at Castle Peak, when. said counsel, defendant had to pay casta, damages, and give a written apology to

amu named Leung Pak-aun, for using his out- board motor without permission and damaging it.

Ju his address Mr. Losoby anid that his case stood on the evidence given by the witnessen. It Was alleged by the prosecution that his client, angered by the complainant's refusal to pay "squeeze" money, throw a stone at her and caused three injuries to her leg, and on this he, Mr. Loseby, called upon his Worship to buse his decision.

Conducted Mysteriously.

The position was that Mr. Sin had been instructed to prosecute on the motive of "squeeze." but on finding that this could not stand, he did his best to secure a convic- tion on another motive, suid Mr. LEHUY.

Statements made to Mr. Bidmend and before the Court conflicted with cach other, and therefore the mo- tive of "squeeze" was gone

Mr. Loseby further contended that Sub-Inspector Cunningham gol more "damaging" na the case went on, and that this showed there was a certain amount of prejudice against the defendant. The mysterious way in which the case had

been conducted suggested that somebody was behind It.

"I ask," said Mr. Laseby, "that my cllent be discharged."

In addressing the Court, Mr. Sin then said that the case was simple one of assault that had occupied thiriren hearings. On the frat hearing on September 11, the ense preupied one hour and Aftren minutes. It was FL simple and straightforward case. and three witnesses had given consistent evidence that defendant did throw a stone at the complainant. These were the facts of the case, and the doctors evidence was merely car roborative, without which the de- feman! couht rightly be convicted.

on

Mr. Sin referred his Worship to portion of a report contained in the South China Morning Post September 12, which read th follows--"Mr. Sin did not suggest that Mr. Romiley had anything (n do with demanding tea maney from the woman." The preation # "eqroze" had to be mentions, as it was bound to have come up in The course of the proceedings.

Facts Alone Count

There was no new evidence pro- : eltic at all, and it was #nor lustration onl the part of Mr. Laschy to compare the case with ai kame of poker. In a. Court of Law nu conjectures could be admitted, but facts alone counted.

The assault took place a long time ago and it would be diflcult for witnesses to remember in what tone of voice the argument took place in. Three witnesses had been subjected

to a lengthy cross-examination by Mr. Loseby and not a bit of their evidence had been shaken, sald counsel.

In a case of this sort, there were always some minor discrepancies, and if a witness gave evidence like a parrot, he (Mr. Sin) would be the first to hesitate in accepting auch evidence. Luckily, on Septem- ber 11 Misa Yeung Suk-ching made. a statement to Mr. Ridmead, us after this she had occasion to go to Swalow and returned in time for the last hearing, which took place Just Friday. Although Mr. Loseby suggested that she was lfar, and cross-examined her for over two hours, her evidence was not in the tenst vlaken.

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