1938-07-12 — Page 26

TELEGRAPH,

TUESDAY: JULY

1933.

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 an argument the Supreme Court this morning with 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.

Mr. Whyatt: Would such a person Jay his plans before hand?-Dr.

Thomas: No.,

MIGHT DISGUISE FACT

Later, did you go off the roof, that is, did you fall down? How did that como about?-I drank a bottle of beer up thero and then fell down. As I feil I hit a wire and hung on to that,

When you fell on the ground did you feel anything?-I felt dizzy and was much confused. It appeared to me think there were armed robbers chasing after me.

They point to something abnormal? Yes. Did you ever apply Intelligence tests to him? No, not the sot tests because they accmed inapplicable. The European test seemed. In Witness raid he would expect 3 applicable. The nine-year-old test person who had an attack of epilep-have seen as to colour, smeli drawing tic equivalent to have a medical history going back several years, to etc., and I could hardly answer it the person's childhood.

myself, and also the 15-year test. I One would rolled on general conversation.

Did anyone asic you questions about have to have several dits a year in

You have your own opinions on the that time?--I don't remember It succession to become "hardened" before becoming an epileptle equiva-applicability of these tests and so has questions were put to me, at that who will give evidence, time I did not remember what had lent. Describing a minor ni of this But you thought them inapplicable happened, but afterwards, I seemed description, witness

tion, witness said that a per- and relied on general conversation, to recollect that there had been a could have had minor its for It led you to the conclusion that night and that I had been fighting several years without his acquain-accused was sane at that time?—Yes, with someone. tances being aware of it.

son

Heye

In a major ft, the person may change his conduet. He may become irritable, moody and quarrelsome.

some strange sensa-

RECALLS PRISONER'S

-STATEMENT

Mr. Macnamara recalled prisoner's

REMEMBERED FIGHTING

You are sure no one asked you any questions? What I do remember

He would a cry and fall to statement to the police in which he ofter falling from the roof was that I cons, would tons,

was fighting with someone.

Beginning his cross-examination, he Mr. Whyatt questioned the accused

the ground with convulsions. The spoke of feeling giddy, drinking the body would be rigid and the Jawa beer and jumping off the roof only

learning that elenebed. He would begin to shake afterwards. and bite his tongue, and then pass had attacked his n.stress. Witness on his statement of sometimes telling WHE il mental a story and then finding that it was Into a state of deep sleep. The per- agreed that there

untrue after thinking it over.

son might sometimes do something op there.

Mr. Whyatt (re-examining); There violent which he cannot remember.

last

a short

a

Such is might only

line, sald Dr. Thomas.

Assuming that prisoner had

well-founded or not does

Mr. Whyatt; Are you referring to what you said to Dr. Thomas about the attack?--What did Dr.

Machamuru, for the days, he asked me not to speak to #goinst Mrs. Challinor you that Father from what he told Thomas say about it?

defence submitted this morning that the evidence of a Chinese detective yesterday was extremely contradic- Court should not tory, that the believe that he cautioned the accuseri before taking the questioned state- statement

at

ment.

the

Thermissible.

could not be

When the detective appeared the house and saw the cook bay covered with blood and saw the scene in the house he know then that the cook boy would probably be charged in connection with the use and N caution should have been administer- ed then.

the

Mr. J. Whyatt for the Crown sald that such statements were merely "heating the air" and Mr. Macnamara Avas anxious to exclude from the byldence prisoner's statement that: attacked the master, the coolic

and misicas, attacked

kept watch. I was not not

the master, and the Crown would not concern itself with demanding ovidence to prove that fact, but rather to show the state of mind of the ar- cused shortly after the atlack, he sold.

gardented that prisoner did attade

OF VALUE TO CROWN

uf

In considering the admissibility of evidence, the court must first discern accurately the purpose for which the

much to him because he said he was

tho

in pain and confused with a headache. not matter and assuming that in the middle of the night he went He said he would tell me later.

Did he answer you rationally?to the kitchen and got the lives

and went to the bedroom with intention of killing Mrs, Challinor, and then when he was challenged he said: "I am not allly, I am going to kill you;" assuming all that, can you express any opinion as to whether those actions are consistent with him being sane in the legal sense of the

He did.

He asked you not to worry him until he felt better?--Yes,

Did he at any time say anythng irrational?-None whatever,

SPOKE OF CONSPIRACY

wounds again?-Yes.

Laler, did you ask him about the

What did you ask him then?-1 naked what had happened.

Did he tell you?-lie said there was a conspiracy between

word?—Yes.

is a mental gap provided he wrote down everything he remembered but Jiki you

there was a mental gap? Witness: No, he alled in the gap. This story

of the conspiracy, assuming it was true that it was a delusion, would it prevent him knowing that what he was doing was

Would a delusion wrong act?-No. with an epileptic equivalent? No,

Are the delusion and epileptic equivalent mutually exlusive?--Yos.

bc

consistent

COMMENCES ADDRESS

WAS NOT TELLING TRUTH

You told him that on the night in question there was a conspiracy between you and the coolle and the gardener to attack the mistress,- Yes, I am referring to the state- ment I made to Dr. Thomas. I was not telling the truth in that. made How long after you

that statement to Dr. Thomas that you realised that it was untrue?--About two months after I told Dr. Thomes. How long is it from to-day that you came to realise It?-Counting from to-duy, three or four months, two months, Oh! A littic over month,

41

were at the Police Station?—

This concluded the evidence for the Crown and Mr. Macnamara com- RECOGNISE WRONG-DOING menced his address for the defence by pointing out that the jury need Sane in the legal sense means that not speculate on the fact that prisoner himself a man knows what he is doing and was represented hy Counsel, solicitor You mean you realised it when and the other servants to injure Mre that what he was doing. In his cast, and an expert medical witness since yo Challinor. The house coolic. I can't was wrong. Is it possible in your these facilities were made available Yes.

the Crown. The two

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

Did accused kill Mrs. in it or not, planned that night to abnormal, suffering from a mental issue were: injure Mrs. Challinor. They waited disease, and notwithstanding that to Challinor, and if he did kill her, was thing that somebody suid?-At the On the Arst point, police station, 1 don't remember until late that night for one of them know the unlure of his acts and that he sane or not. to come back. When all was rendy, those acts were wrong?-Yes, and ur- he did not think the jury would have what I had said before. they erept stealthily into the room. dinary mental disease would not de- much doubt, considering the evidence said was not true.

of that Inculty except produced.

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

Mrs that it was untrue.

Was it some-

What I had sald some.

would like to recali that strictly

strictly Do you mean to say that someone one else was armed with a bummer. deiirjum tremens, sunstruke or epilepting the Jury was competent 10 in the police station asked you to

He was first and was pushed into Lic equivalent.

room. The light was switched)

roof, and

10,

the accused

Mr. Whyatt queried 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.

NOT VERY IMPORTANT

He might have such a grievous say that the prisoner was insane on compare what you said thent and on, and there wis a commotion, and form of disease that he would not the facts alone and apart altogether what you said before?--Yes. The

Ute medical evidence.

The comparison was made. After this I he said Mr. Chillnor attacked him. know what was right or wrong? from facts

adduced by the prosecution realised that it was untrac There was a terrife scule and be Yes.

Is accused a man of low ment- were so startling that they must give

to Whom do you say usked you slashed right and left and run away.ality? A little below average.

rise to a suspicion in the minds of the make this comparison?-1 made the went to the servants' quarters Would that fact have any bearing | Jury 019 to accused's sanity. The comparison myself. to look for the other servants because ovidence was offered and the pro-

aving it all on whether he knew what he total inadequacy of any motive was he was angry w

with them for having

a point that was not conclusive in Position i sought to establish, Mr. footed him into attacking

ster. was doing?-No bearing at all. the master. went on. in this

Cross-examined by Counsel for the Itself but taken in conjunction with the He next went on to the case, Crown did not sock to establish that jumped down. He was stunned mo- defence, Dr. Thomas accepted that other aspects, it became an import- nothe story told him by accused in ant consideration. The extraordinary accused was speaking the truth but mentarily and when he came merely the state of his mind. found himself on

The fou

He hospital of the night's events, was incident of the assault on the ser- the round.

wrong

vants, the story told le Dr. Thornas reason for the caution was that the went up to the roof again and

made Crown might wish to rely on a

Assuming that it was false, would which had no truth in it, accused's another jump.

can't remember voluntary admission, but the caution whether it was during the first or sanity of the accused?-When I heard Challinor had said accused was stupid that modify your opinion as to the worry about leprosy which he never had, were all points to consider. Mr. question need not arise here since second jump, but he also said it I thought accused must be deluded.

If someone said untruthfully that the evidence was offered, the same got a bottle of beer. broke IL and

a zervant: His Lordship: You did not believe but only

Counsel you were a leper, would you not be as the evidence of a docto

a doctor enquiring dranic it. A into the sunity or

what he told you?-No, it was such a suggested that since accused was a very angry? It is not a very im- or otherwise of a

of a How many days after he had been

strange story.

servant, the jury could not and the portant remark. person, would be offered. Supposing admitted info your care did he give

distinction between

uceused Megamara: for example, prisoner had been asked

being you that account?-About a week.

fluence your opinion in any way if stupid and stupid as a servant. what he was doing and he had re-

There was also the peculiar strength plied: "I have been sitting on the

were to tell you that the accused which enabled him to fight so long has, in fact, had similar attacks to roof and gazing the

"that moon," would have been useful evidence for

While he was giving the story, the une which is the subject matter against such a big, strong man as Mr. Challinor was, the violence of the the defence because it

take it you were observing him dur-or this Investigation?

stab wounds, the shouts of "robbery' You mean to say that a false ac- would have

ing that time. Was his demennour Mr. Whyatt interjected that shown how his mind was working. Time and again evidence was ruted during that time rational or irration- question could not be put as it was and the statement made to the police cusation of that kind is not a matter admissible for

alle spoke with that conviction, not known whether there was an

as further evidence which the jury that makes you angry?-No need to with the get angry. The most I would do is опс purpose

were asked to reconcile And with that sense of reality that he had attack of epileptic equivalent. His accused's sanity. It was inadmissible for another; for the pur-done something wrong?-One day he Lordship sald Dr. Thomas had made sumption of the law that a man was

to tell him not to say it again. pose the Crown needed it, the state-

Do you say that Mrs. Challinor asked me to write to his aged mother, it clear that if he was informed that sane-until proved otherwise and the had said to you

at some time or ment was admissible, he submitted.

his wife and two children. to tell there was a previous history of fis defence would prove that

that you were #1 His Lordship said he intended to rule

loper?--I accused other the evidence admissible and Mr. nothing could be done.

them not to worry about him, as it would change his opinion.

sald was not sanc,

that when I was asked about Macnamara then demanded the right

something that had happened pre- of reply.

viously.

to

STILL SEEMED RATIONAL

Would that indiente a sense of re- signation? It would Indiente a sense of reallastion of what he had done and consciousness of the Conse- querices.

KNEW OF VICTIM'S DEATH

Mr.

Would it

SUPPOSITION OF PROOF

in

the

the

ACCUSED CALLED

pre-

You ask me to believe that it is not an important matter if you are falsely accused of having leprosy?- if peuple chouse to say su, it is only fake. Whereas I am not a leper, I don't mind.

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Mr. Whyatt: Did she say who that there were

Mr. Macnamara: Suppose we prove FAILS TO ALTER RULING

Going into the witness stand, ac- these people were that rald you were similar attacks of cused admitted that there were some a leper? Mr. Macnamara, quoting from

which he had no recollection, that people who called him crazy. He The Accused: "No, she did not say Archbold, said that all answers

would make it more likely that he had been to the Yanping District As- who it was. police constables in these circumst-

was an epileptic equivalent?—Yes. sociation in the city, and had been The accused said he spoke to Ah ances were inadmissible unless pre-

Dr. Durran said yesterday that he accused of having broken On that occasion, do you know If thought there was no recollection of and other articles in the club. As-not to say that he was a leper, He micrors Wah (the house coolle) and told him ceded by a caution. Counsel sub-he was aware that Mrs. Challinor had these fits afterwards, is that true?-cused had learnt of these breakages had thought Ah Wah had been the mitted that it would not be fair to dled?--I believe he had been inform-I don't think so. No recollection of from leave that evidence to the Jury ined that she had died.

gardener named Leung person who had told his mistress the circumstances in which it had

the events perhaps, but the person Hu Macnamara: You know what heon annoyed with Ab Wah for that F1110-Willle the Weeper. Q.8. Do you remember an occasion when would know he had had n fit, he

that he was a leper. He had not been given.

His Lordship: I still hold that the was not aware that Mrs. Challinor hiatus.

talking to him of this affair when he would know there was * mental the charge against you is, that of After Al Wah had gone to see the ovidence for the purpose for which had succumbed to her injuries?—A Dr. Paster tells me,

murdering Mrs. Challinor? it was tendered is admissible.

mistress and had returned to the few days previous to this, he remark-give evidence later, that these te 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 ed about his injuries and how un- are usually forgotten?--I cannot sub-attacked her or not. I had no sea of the kind. fortunate he was to injure himself. scribe to that.

her.

On hearing this, he denied having Dr. Thomas has

care.

The last witness called for the prosecution was Dr. G. H. Thomas, of the Government Medical Service. Dr. Thomas said he had been medical officer for the past 10 years of the Mental Hospital, and had more than 200 patients per year in his These patients suffered from various forms of mental disease.

On May 5 last, the accused was placed in witness's care at the Queen Mary

Hospital. Ho WEH then swathed In bandages and witness Inter examined him. Accused was suffering from wounds in

In the scalp.

He mentioned something about bay-

and he will

Mr.

Not a lot of fits but suppose only on for attacking that you told gald "Is that so, let me go in and

see her."

utter

ASKED ABOUT LEPROSY

Mr. Whyatt; You weren't sure even

ing to go to prison for some years, two fits had been experienced, would him that you and two other servants

Did you gather why he thought he you agree that the person night not had formed a conspiracy to

attack would be imprisoned for some yearu? so much not have known about them your mistress? Sometimes I only injured.

He told me that Mrs. Challinor was but might not appreciate that he had thinga which are

are not true. had them?--If you put it that way! Why is that?-Sometimes I think I happened that night, did you pay that he had a mental blanit in which when I think it over again, it is no. In addition to asking him of what he might not appreciate them and have been telling a true story, bu some attention to his personal medi-he did not know what had happened, true. cal history?-I asked him whether I will agree, he had convulsions or Ats. He said

no.

In what way did he give his deniul?

Especially in an uneducated man?

-Yea.

His Lordship: In vulgar parlance,

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The Accused: Since people had me that, I enquired from the

RECALLS MOVING CLOTHES

the

called

leper.

forehead, right side of the face, chin, | —Quite naturally, with a slight in- he would know there was something | night of May 4, It has been deposec Doctor whether I was or was not a

were fractured. The ined in his care from May nil June 10, and during that time, witness observed the man's mental condition, firstly, because he would bave done so knowing the circumst-- anees, and secondly, because he had been asked to.

SEARCH FOR INSANITY

Now cost your mind back to elbow, legs, and his left wrist and diention of surprise.

You said to Dr. Thomas to poison accused

How long after he had been ad- it was all about?-Yes.

wrong but he would not know what that you took a basket of clothing t

a man named Lam Hei at No., 651 the you if you had leprosy? No. It was Within the first fortnight. mitted did you ask that question?---

Mr. Macnamara: After Mr. Pook-Yes, I did take these things

*95* { 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 and got a hammer and tried to Why did you take the clothing 1 should die. What was the purport of your ossault two servants, one with Lam Hel?--I put it there because my You first asked Dr. Thomas question regarding his family?-To possible motive and the other with master_enid he WHE going Home,

whether

you were suffering from clothing with the NO SIGN OF INSANITY

find out whether there was any in- no motive at all. Is that consistent When I lett the would soon lose leprosy?--I did not ask him that. sanity in his family.

with the epileptic equivalent?-All man, I told him

Did 17 The Doctor said that I was As a result of the questions you these ncts would be embraced by this my employment, and was going back not a leper and further sald, "Who Mr. Whyatt: Did you at any time put

10 him, what conclusion did you

nutomatism.

would leave has been so unkind in giving you the

country, and sald observe any symptoms indicating come to regarding his family medical

my things with him and get them such a name?" tány known form of Insanity?

history? did not go into it very

back on my return.

After further questionings, the case. Dr. Thomas: I have not observed enrefully. When he sold there was

When was your master going away? was adjourned until this afternoon. any.

It after he assaulted his master no insanity in his family, I took his and mistress and the What did you do to dlagnose any answer to be final, and left it at that then took a bottle of beer and there at the beginning of the month?

servants, He-At the end of the month, abnormal mentel

Why then did you take the clothes condition?-1 Does observed him with his knowledge, that excluding the date from which be a

oes your evidence amount to this, climbed on the roof, would not that Because I know I would not remain engaged him

bit strange7-On this one' conversation you formed your opinion and the vari-isolated fact it is impossible to give better to take something thero first, on various topics, and asked him oun incidents which occurred on May an opinion.

In employment long, and thought it about himself and his familysved; ascertained regarding his personal] at a time; in those tircumstances do

4 and 6, is there anything you have But I can only give you one fact such as my quilt.

Do you remember a time of the

WeHarding om what

you

detected nothing abnormal.

CANNOT GIVE OPINION

to

SHIPS IN RADIO COMMUNICATION

The following ships are expected

You say about his mental condition? i history, his demanour or speech; that; the epileptic equivalent?--Yes, in-Yes, I think I have been on the Hongkong Radio station to-day:

( his demeanour, what would medical history or family medical! you not think the not consistent with Inight when you were up on the roof? | to be in wireless communleation with Autolycus, Hallee; Norse Trader; would indicate insanity in any known that atate he would do anything. "rool. You say you engaged him in. con- form?-Nothing.

Halyang

President Jefferson: what topics did you talki

Well, do you think these are tho Questioned regarding a particular actions of a sane man? He might

FELT AN EARTHQUAKE AN. Mausung: Halten; Yochow; Empress asked how he got those form of insanity, known as epileptle be quite aane and do these queer

of Russia; Empress of Japan; equivalent, witness unid such a state things.

Why did you go up to the roof? Hakusan Maru: Chile, Sulsang; Did he answer the question ration occurred when one did terrible things

-I went up there because I felt an Polsdom; Impress of Canada; Taken or not? The first one or two in a state of automatism.

together the effect is earthquake. I saw a lot of people Hethow; Ajax; Tilsalak; Santhia; cumulative? Yes!

gathering around me.

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