1938-07-12 — Page 14

THE HONGKONG TELEGRAPH. TUESDAY JULY

1938.

Doctor's Evidence Indicates Suspect Sane

PEAK MURDER CASE BRINGS COUNSEL INTO ARGUMENT

Evidence of Detective Held Admissible

The second day of the Peak Murder case opened at the Supreme Court this morning with an argument between Counsel as to the admissibility of a statement made by the accused, Lam Chun, 30-year-old cook boy, who is charged with the murder of Mrs. Sybil Ruby Challinor by stabbing her on the morning of May 5.

Mr. H. C. Mucmamam, for the defence submitted this morning that the evidence of a Chinese detective yesterday was extremely contradic- not Court should tory, that the believe that he cautioned the accused before taking the questioned state- ment.

Therefore, the slatement

could not be admissibie,

When the detective appeared at the house and saw the cook boy covered with blood and saw the scene in the house he knew then that the cook bay would probably be charged

and in connection with the use caution should have been admhiister. ed then.

13

Mr. J. Whyatt for the Crown sold that such statements were merely "beating the air" and Mr. Macnamara Was anxious 10 exclude from the Evidence prisoner'n statement that: "I attacked the master, the coolte attacked The mistress, und the gardener kept watch." It was not contradicted that prisoner did attack the master, and the Crown would not concern itself with demanding evidence to prove that feet, but rather to show the state of mind of the ne- cused shortly after the attack. hc said.

OF VALUE TO CROWN

Mr. Whyatt: Would-such a person lny his plans before hand?-Dr. Thomas: No.

MIGHT DISGUISE FACT

They point to something abnormal? Later, did you go off the roof, that Yes.

in, did you fall down? How did that Did you ever apply Intelligence come about?--I drank a bottle of beer teals to him?—No, not the set tests up there and then fell down. As I because they seemed inapplicable, fel! I hit a wire and hung on to that. The European test seemed in-

you fell on the ground did When applicable. The nine-year-old test 1 you feel anything?--I felt dizzy and have seen as to colour, smell drawing was much confused. It appeared to etc, and I could hardly answer it me that there were armed robbers myself, and also the 15-year test. I chasing after me. relied on general conversation.

Witness rald he would expect a person who had an attack of epilep Uc equivalent to have a medical history going back several years, to the person's childhood. One would have to have several fits a year in

You have your own opinions on the succession to become "hardened"

applicability of these tests and so has before becoming an epileptic equiva Dr. Pfister who will give evidence, lent. Describing a a minor at of this But you thought them inapplicable description, witness said that a per- and relled on general conversation, son could have had minor is for It led you to the conclusion that several years without his

acquain-accused was sane at that time?-Yes, taneca being aware of it."

RECALLS PRISONER'S

STATEMENT

Mr. Macnamara recalled prisoner's

he

3 menint

son might sometimes do something Mr. Whyatt (re-examining): There Such its might only last

Did anyone ask you questions about that time? I don't remember questions were put to mo. At that time I did not remember what had happened, but afterwards, I seemed to recollect that there had been a ght and that I had been fighting with someone.

REMEMBERED Fighting

You are sure no one asked you any questions?--What I do remember ofter falling from the roof was that was fighting with someone.

In a major ft. the person may change his conduct. He may become Irritable, moody and quarrelsome. He would have some strange sensa- tons, would emit a cry and fall to stutement to the police in which he

The

spoite of feeling giddy, drinking the the

convulsions. ground with

Beginning his cross-examination, learning that body would be rild and the jaws beer and jumping off the roof only

Mr. Whyait questioned the accused clenched. He would begin to shake afterwards and bite his tongue, and then pass had attacked his mistress. Witness on his statement of sometimes telling a story and then finding that it was into a state of deep sleep. The per agreed that there was

gap there.

untrue after thinking it over. not remember.

Mr. Whyntt: Are you referring violent which he

cannot

Dr. a shorts a mental gap provided he wrote to what you said to

Thomas down everything he remembered but about the attack? What did Dr. time, sald Dr. Thomas.

did you gather from what he told Thomas say about It? Assuming that pri

prisoner had

Witness: No, he filled in the gap. WAS NOT TELLING TRUTH days, he asked me not to speak to grievance against Mrs. Challinor-you that there was a mental gap?

This story of the conspiracy, much to him because he said he was whether well-founded or nat does

You told him that on the night in pain and confused with a headache. not matter and assuming that assuming it was true that it was a

the middle of the night he went delusion, would it prevent him in question there was a conspiracy He bald he would tell me later.

Did he answer you rationally7to the kitchen and got the knives knowing that what he was doing was between you and the coolic and the

and went to the bedroom with the

a wrong act?-No.

gardener to attack the mistress,- fle did.

Challinor,

Yes, I am referring to the slate- He asked you not to worry him intention of killing Mrs.

and then when he was challenged he

ment I made to Dr. Thomas. I was until he felt helter?Yes.

Did he at any time say anything (suld: "I am not silly, I am going

not telling the truth in that. to kill you;" assuming all that, can irrational?-None whatever.

you express any opinion us to whether those actions are consistent with him being sane in the legal senso of the word?--Yes.

SPOKE OF CONSPIRACY Later, did you ask him about the wounds again?—Yes.

WAS

and

un

RECOGNISE WRONG-DOING

they crept ste

stealthly into the room prive him of that faculty except

Would a delusion be consistent with an epileptic equivalent?-No.

Are the delusion and epileptic equivalent mutually exlusive? Yes.

COMMENCES ADDRESS

on, and there was a commotion, and form of disease that he would not that the prisoner was Insane on compure what you said

There

WAH

must

How long after you made that statement to Dr. Thomas that

you realised that it was untrue?-About two months after 1 told Dr. Thomas. This concluded the evidence for the

How long is it from to-day that Crown and Mr. Macnamara com-

you came to realise It?-Counting What did you ask him then?-I

menced his address for the defence from to-day, three or four months, asked what had happened,

by pointing out that the jury need two months. Oh! A little over a Did he tell you?te said there Sane in the legal sense means that not speculate on the fact that prisoner | month.

conspiracy bet

himself a man knows what he is doing and was represented by Counsel, between

solicitor

You mean you realised it when the other servants to injure Mrs, that what he was doing, in his case, and an expert medical witness since

FC you were at the Police Station?- Is it possible In your these Inclilties were made available Yes. Challinor. The house coolic, I can't was wrong.

Who was it then made you realise remember if the gardener was also opinion for a person to be mentally by the Crown. The two points at

to abnormal, suffering from a mental Issue were: Did accused kill Mrs. that it was untrue. Was it some- in it or not, planned thinted diseas, and notwithstanding that to Challinor, and if he did kill her, was thing that somebody said?-At the injure Mrs. Challinor. They until late that night for one of them know the nature of his acts and that he sane or not. On the first point, police station. I don't remember to come back. When all was ready, those acts were wrong?--Yes, and or- he did not think the jury would have what I had said before. What I had said some- dinary mental disease would not de- much doubt, considering the evidence said was not true. 1

produced. On the second point he thing else again. He was armed with knives, and some-

recall that strictly

Do you mean to say that someone one else was armed with a hammer. delirium tremens, sunstroke or epilep-would like to

Into te

speaking, the jury was competent to in the police station asked you to He was first and was

equivalent, pushed

He might have such a grievous say

then And the room, The light was switched

the facts alone

and

urt altogether apurt

what you said before?--Yes. The from

the medical evidence." The comparison was made. After this I he said Mr. Challinor attacked him. kaw what was right or wrong?-

facts adduced by

the

prosecution

realised that it was untrue. a terrific scuffle and he Yes

give Whom do you say asked you to Is arctised a man of low ment- were so startling that they right and left and ran away,nity-Atle below average. slushed

rise to a suspicion in the minds of the make this comparison? I made the went to the servants' quarters Would that fact have may bearing | Jury us

as to accused's sanity. Tho

comparison myself. to look for the other servants because

of Any motive was he was angry with them for having all on whether he knew what he totul inadequacy

was doing?-No bearing at all.

a point that was not conclusive In foaled him into attucking the muster.

Cross-examined by Counsel for the itself but taken in conjunciton with He next went on to the roof, and

defence. Dr. Thomas accepted that other aspects, it became an Import- The extraordinary the story told him by accused in ant consideration.

всг hospital of the night's events, was incident of the assault on the

vants, the story told to Dr. Thomas which had no truth in it, accused's

NOT VERY IMPORTANT worry about leprosy which he never

it someone sald untruthfully that had, were all points to consider. Challinor had said accused was stupid but only 15 servant: Counsel you were a leper, would you not be very angry?It is not a very im- suggested that since accused was a servent, the jury could not and the portant remark.

You nak me to believe that it is indistinction between accused being

stupid and stupid as servant not an important matter if you are hence your opinion in any way If There was also the pecullar strength falsely accused of having leprosy? plied: "I have been sitting on the

I were to tell you that the accusedhich enabled him to fight so long neopin choose to say so, it is only roof and gazing the moon." that would have been useful evidence for

While he was giving the story, I the one which is the subject matter against such a big, strong man as Mr. false. Whereas I am not a leper, I

Challinor was, the violence of the don't mind. of this investigation? the defence because it would have take it you were observing him dur- of

You mean to say that a false ne- stab wounds, the shouts of "robbery" Mr. Whyet interjected

that the shown how his mind was working.ing that time. Time and again evidence was ruled 17-He spoke with that conviction, not known whether there was an were asked to reconelle

during that time rational or irration-question could not be put as it was as further evidence wh

and the statement made to the police cusation of that kind is not a matter which the Jury that makes you angry? No need to admissible for one purpose and

most I would do is get angry. the

The inadmissible for another; for the pur-

with that sense of reality that he had attack of epileptic equivalent. His accused's sanity.

the pre- to tell him not to say it again. done something wrong?-One day he Lordship said Dr. Thomas had made sumption of the law that a man who had said to you at some time o pose the Crown needed it, the state-

Do you say that Mrs. Challinor ment was admissible, he submitted.

his aged mother, it clear that if he was informed that sane until proved otherwise and the His Lordship said he intended to rule

his wife and two children, to tell there was a previous history of its defence would prove that accused other that you were a leper?--I the evidence admissible and Mr.

them not to

to worry about him, naj it would change his opinion.

said that when I was asked about Maenamarn then demanded the right

something that had happened pre- of reply.

viously.

who

In considering the admissibility of evidence, the court must arst discern accurately the purpose for which the evidence was offered and the pro- position it sought to establish, Mr. Whyatt went on. In this case, the Crown did not seek to establish that accused was speaking the truth but merely the state of his mind. The reason for the caution was that the

jumped down. He was stunned mo- mentarily and when he esme 10. found himself on the ground. He went up to the roof again and made Gwenn

another jump. 1

can't remember whether it was during the stor second jump, but he Riso said he

Crown might wish to rely on a voluntary admission, but the caution question need not arise here since the evidence was offered, the same as the evidence of a doctor enquiring drank #t.

wrong.

Assuming that it was false, would that modify your opinion as to the sanity of the accused? When I heard it I thought accused must be defuded. got a bottle of beer, broke It und His Lordship: You did not belleve into the sanity or otherwise of a How many days after he had been what he told you? Ne, it was such a person, would be offered. Supposing admitted into your eare did he give strange diamara: Would for example, prisoner had boug been asked

what he was doing end he had you that account?-About a week.

FAILS TO ALTER RULING Mr. Macnamara, quoting from Archbold, said that all answers to police constables in these circumst- ances were inadmissible- unless pre- ceded by a caution. Counsel

STILL SEEMED RATIONAL

asked me to

wrie

Was his demeanour

to

could be done.

would that indiente a sense of ro- algnation? It would indiente a sense of realisation of what he had done ind consciousness of the conse- quences,

KNEW OF VICTIM'S DEATH

Mr.

It

has, in fact, had similar attacks to

SUPPOSITION OF PROOF

It was

with

was not sane.

ACCUSED CALLED

Mr.

Ho

mirrors

Mr. Whyatt qu

queried the accused regarding his evidence of having no reason to attack Mrs. Challinor,

Mr. Whyatt: You said to-day that you had no

reason to attack Mrs. Challinor?

The Accused: That is so.

Mr. Whyatt: Did she say

Mr. Macnamara: Suppose we prove that there were similar attacks of cused admitted that there were some a leper?

Going Into the witness stand, ac- these people were that said you were which he had no recollection, that people who called him crazy. would make it more likely that he had been to the Yanping District As- who it was.

The Accused: No, she did not say was an epileptic equivalent?—Yes.

Gociation in the city, and had been The accused said he spoke to Ah Dr. Durun sald yesterday that he accused of having broken On that scension, do you know if thought there was no recollection of and other articles in the club. Wah (the house coolie) and told him sub- he was aware that Mrs. Challinor had these fits afterwards, is that true?

to say that he was a leper. He miited that it would not be fair to died?--I believe he had been inform I don't think se o recollection or used had learnt of these breakages had thought Ah Wah had been the leave that evidence to the Jury ined that she had died.

of from

a gardener named

told Leung person who had

his mistress the circumstances in which it had

the events perhaps, but the person Hung. Do you remember un occasion when would know he had had a t. he been given.

Mr. Macnamara: You lonow what that he was a leper. He had not talking to him of this affair when he would know there His Lordship: I still hold that the was not aware that Mrs. Challinor hiatus.

WOR a menial the charge against you is, that of een annen had gone to see the

After Ah evidence for the purpose for which had succumbed to her injuries?~~

murdering Mrs. Challinor?

mistress and had returned it was tendered is admissible.

Dr. Paster tells me, and he will few days previous to this, he remark-give evidence later, that these fits ing her. I don't know whether I had the mistress had not said anything Accused: I was accused of attack- kitchen, he informed the accused that The Inst witness enlled - for the ed about his injuries and how un are usually forgotten?-I cannot sub-attacked her or not. I had no prosecution was Dr. G. H. Thomas, fortunate he was to injure himself. scribe to that.

rea of the kind. of the Government Medical Service. Dr. Thomas said he had been medical

son for attacking her.

On hearing this, he denied having officer for the past 10 years of the

see her."

He mentioned something about hav- ing to go to prison for some years.

Did

you gather why he thought he

Not a lot of fits, but suppose only Dr. Thomas has said that you told two fills had been experienced, would not so much not have known about them bad formed a

your

with Ah Wah for that.

to the

Mental Hospital, and had more than would be imprisoned for some years71 You agree that the person might him that you and two other servants said "Is that so, let me go in and

lu

conspiracy to attack" 208 patients per year in his core.He told me that Mrs. Challinor was but might not appreciate that he had things which are not true.

mistress?-Sometimes I utter These patients suffered from various only injured, forms of mental disease.

bad them?-If you put it that way, Why is that?-Sometimes I think 1 In addition to asking him of what he might not appreciate them and have been telling a true story, On May 6 last, the accused was happened that night, placed in witness's care at the Queen

did you pay that he had a mental blank in which when I think it over again, it is no. Mary

some attention to his personal medl-he did not know what had happened, true, Hospital. He Was swathed in bondages and witness he had convulsions or fits. He soldi

then cal history?-I asked him whether I will agree. Juter examined him. Accused was no. suffering from wounds in the scalp, forehead, right side of the face, chin

In what way did he give his denial? and

Especially in an uneducated man?

Yes.

His Lordship: In vulgar parlance,

elbow, legs, and his left wrist and Quite naturally, with a slight in-he would know there was something i night of May 4. It has been deppe Doctor whether I was or was not a

ankle were fractured. The accused remained in his care from May until June 10, and during that time, witness observed the man's mental condition, fratly, because he would have done so knowing the cireurnst- ances, and secondly, because he had been asked to.

NO SIGN OF INSANITY

Mr. Whyatt: Did you at any time observe any symptoms indicating any known form of insanity?

Dr. Thomas: I have not observed ADY.

dication of surprise,

How long after he had been ad- wrong but he would not know what that you took " Hel at No. 551 the vou if you had leprosy7-No. It was

ASKED ABOUT LEPROSY

Mr. Whyatt: You weren't sure even when you got to the Queen Mary Hospital whether you had leprosy or not because you asked Dr. Thomas about it? RECALLS MOVING CLOTHES The Accused: Since people had Now cast your mind back to the called me that, I enquired from the

basket of clothing i leper.

You said to Dr. Thomas to poison A man named It was all about?—Yes.

Mr.

Macnamara: After

Penk-Yes, I did take these things Mr.

a suggestion from Doctor Thomas Challinor had succeeded in wresting to his place. It consisted of clothing who said that if I had leprosy he away the knives, accused went away but I have more clothing elsewhere would give me some chemical that und got a hammer and tried to Why did you take

the clothing to should die. What was the purport of your ❘ assault two servants, one with Lam Hei?-I put it there because my

0 question regarding his familly?To possible motive and the other with master said he was

going Home.

whether you were suffering from find out whether there was any in- no motive at all. Is that consistent When I left the clothing with the leprosy? I did not ask him that. sanity in his family.

with the epileptic equivalent?---All man, I told him I would soon lose old 17 The Doctor said that I was nutomatism.

mitted did you ask that question?-- Within the first fortnight,

SEARCH FOR INSANITY

and was going back

You Arat asked Dr. Thomas

As a result of the questions you these nets would be embraced by this] my employment said I would leave not a leper and further sald, "Who

put to him, what conclusion did come to regarding his family medical you history?-I

I did

not go into it very carefully. When he sold there was

CANNOT GIVE OPINION

moster

to the country,

back on my return.

my things with him and get them has been so unkind in giving you

such a name?"

After further questionings, the case was adjourned until this afternoon.

Do you remember

a time of the

SHIPS IN RADIO COMMUNICATION

The following ships are expected

When was your master going away? It after he assaulted his no insanity in his family, I took his and mistress and What did you do to diagnose any answer to be final, and left it at that. then took

the servants, he-At the end of the month.

Why then did you take the clothes abnormal mental condition?-

a bottle of beer and Does

your evidence amount to this, climbed on the roof, would not that Because I knew I would not remain observed hine with his knowledge, that excluding the date from which be a

at the beginning of the month? thero engagedTM him in conversation you formed your opinion and the vari-isolated fact it is impossible to give belter to take something there first,!.

bit strange?-On this one various topica, and asked

employment long, and thought it him ous incidents which occurred on May an opinion. about himeelt and his family.

4 and 5, 18

is there anything you have But I can only give you one fact

such as my qulit. 4 Judging from what you observed ascertained regarding his personal at a time; in those circumstances de night when you were up on the roof to be in wireless communication with regarding

demeanour, what would medical history or family medical you not think the act consistent with Dcyou say, 'about his mental condition? history, his demanour or speech, that the epileptic equivalent?-Yes, Yes, I think I have been on the Hongkong Radio station to-day:

would in

Indicate insanity In any known tint state he would do anything. you in con- form?--Nothing.

Well, do you think these are the What topics did you talk Questioned regarding a particular actions of n. sane man?He might Fatal anked how he got those form of insanity, known as epileptic be quite sans and do these queer

equivalent, witness said such a state things. Dki ho answer the question ration-occurred when one did terrible things

Taken ally or not? The first one or two in a state of automatism.

together the effect L cumulative?—Yes.

hin

STU nothing abnormal,

rounds/

roof.

Autolycus, Halles; Norse Trader; Halyang

President Jesterson; Mausang: Halton; Yochow: Empress FELT AN EARTHQUAKE

of Russia: Empress

of Japan; Why did you go up to the roof? Hakusan Maru: Chile; Suleang; went up there because I felt an Potsdam; Empress of Canada: earthquake, I saw a lot of people Holhow; Ajax; Tiisalak; Santhin; gathering around. me.

President Cleveland; Somáll.

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