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PEAK MURDER TRIAL ADJOURNS; WITNESS

PLEADS ILLNESS ·

Continued From Page One

that he was not on the London re-junswer you think is true?—1 cánnot! glsler some time ago.

say.

CLAIMS TO BE SPECIALIST

Continuing cross-examination, Mr.

Whyatt naked:

Are you putting yourself forward in this case as a specialist in mental discres?—Yes.

Your special subject in medielne is neurology?—Yes; and mental diseases.

Neurology principally?—Yes, Yesterday, you told me that when you were at Felping you were Acting Director of the Department Neurology? Yes, it used to be called that. We used to have 'mental dis- entes in the Deportment.

of

Would you agree with me that to be a specialist in neurology is a dif- ferent thing to being a specialist in mental discoses?—Yes.

have

During the greater part of your professional career,

have specialised in neurology? dealt with just as many others as neurology cares.

When

was

Am I right in saying that you prefer the evidence he gave in the morning?-I don't profer any. 1 uy he was absolutely confused, Bome- times anying something and saying something which

Was

Witness said it doporided on pri- case of this kind, was to exercise soner's state of mind but he might common sense, by which one could auve been referring to his struggle mike out some sort of sense of all with Mr. Challinor. He had often the differem factors in the evidence. en patients Fullering from cerebral if they did so, the Jury could come [li„zmorrage net like mad men.

to no other conclusion than that

Witness said he thought that in the prisoner did not know what he was witness box, accused felt the strain doing, and therefore their verdict and preferred to own up rather than should be guilty but insane, go through the cross-examination.

Mr. Macnamara: My suggestion is

story.

that the strain made him change his Witness: He had previously said

did the killing, Dr. Shaw concluded that he still believed prisoner was sane,

he

In his final address to the jury,

Mr. Mucnamara sald he was claiming

MR. WHYATT CONCLUDES

Mr. Whyatt opened his address by paying a tribute to Mr. Macnamara for his battle against adversity," a fact which always excited his ad- miration and sometimes sympathy, beenuse he was battling on behalf of a man who had confessed to the

wasting the time of the Court.

killing and who had apologised for

no more than that on the evidence later the jury must be able to say that at

Bet❘ the

Prisoner, continued Counsel, hod the time of the crime the accused truc.

was insane inasmuch as he was an admitted he knew what he was doing You say he was absolutely con- epileptic equivalent and did not was wrong, he was labouring under fusc

If he was, and his reaction now what he was doing. Instead rent provocation, and was angry at to a false accusation of leprosy was of having the ordinary epilepsy, pri- the time. That was a strong motive. anger, isn't that the reaction of an aoner had the equivalent of such a clansman of his before the killing, He had removed his belongings to ordinary man? Ordinary people it and if that was proved, the jury" could say that.

must return a verdict of guilty but insane,

Aren't you an ordinary person? -- Yes.

.

Then I take it you would say so? -- Yes.

EVIDENCE OF SANE MAN

wa

and

SHOWED MENTAL DISORDER

RC-

and the only rational explanation for this action, Counsel suggested, was what he was preparing for a speedy. exit from the Colony."

were

Mr. Challinor had said that

The reason why he did not leave cused was stupid, dificult and im- the Colony after the stabbing was possible as a servant and Counsel because he was not in a fit condition In that case, his evidence in the submitted that those adjectives mus blood and suffering from cuts and to do so, no he was covered with afternoon was indicative of a sauc apply to necused as a

man alsv. Dr. Durran had said that sufferers from wounds, and, his garments man?-Yes. you

that What part of evidence

he epileptic equivalent did not as a

torn. A sane man with the highest that general rule know what they were suffering from great mental shock, if standard of mentality would be gave in the afternoon was it made you think that he

ast doing but there were rare exceptions he had gone through what prisoner speaking like a sane

orderly when recollection did come back to

dld. man?It he said in the afternoon them. Dr. Thomas had agreed that,

FOR JURY TO DECIDE that he took objection to being called the cur

cumulative effect of accused's acts a luper that could indicate that he showed mental disorder.

Counsel said he did not care what had a normal feeling.

Referring to prisoner's confession. was the mental condition of accused We are agreed about

but Counsel said there were two views when he attacked the coolle; what he what was it in his evidence that led to It: it might be true or it might was concerned with was his mental, you to believe he was not an ordinary be merely further evidence on his condition when he attacked Mrs. man?-I cannot recollect what he state of mind. It was for the Jury Challinor, The accused had made his salt, but the impression I had was to say whether the confession could confession in the witness box and it that he was in a confused state of be believed, for it had been known was not for any doctor or anybody mind und agitated.

know that, but what I am aske- i Mint there were such things as false else to tell the

Jury whether confessions. Prisoner had stated he believe that confession or not. The 1ng you is this, as a scientiae man was not feeling well, when he was jury themselves were the best judges give me your reasons? His state-In the witness-box, and the strain of that and an eminent authority had contradictory of the trial might have induced him laid down that there was no better that I should any he may say one to make up his mind to say some human test than the evidence of the thing and after sometime he may thing to put an end to "this miser-prisoner himself in the witness box say another.

able dragged-out trial."

re-

you came to Court yesterday you were prepared to stato that, in an opinion, prisoner your epileptic and, in arriving at that oplafon, you had proceeded on the assumption that he had по collection of his attack on Challinos?--I said yesterday that the behaviour of the necused, his way of attack, and later his attack on the servants, and his acte, were at that time equivalent to epilepsy.

Mrs.

Mr. Whyatt repeated hin question and witness replied: That would be implied.

ATTACKS THEORY

I don't want any implications. You did proceed on that assumption?—i don't think so.

His Lordship: Until yesterday evening had you fiot formed the opinton that prisoner could not have remembered what happened that night?--Yes,

ments were so often

that,

Did he make any contradictory statements in his evidence yesterday afternoon?-No.

Well, I am asking you on what yuu used your opinion, confining your attention to the evidence he gave in the afternoon, that he was not speak Me. Whyatt: And that bring your ang like an ordinary man? view, that was an important factor

Witness replled he could not re- An ass

assisting you in arriving at Paes collect what had actually been and opinion that he was an epileptic". the prisoner. However, he read Yes.

report of the proceedings from Lue You realise that f answers S. C. M. Post, which quoted prisoner accused gave me in cross-examinas saying he preferred to be gully tion that he recollected the attack rather than be treated us a funale. and knew he was doing wrong In] stabbing Mrs. Challinor,

the

If

those answers are true your theory goes by the board? Not necessarily.

by

SIGN OF ABNORMAL MIND

Mr. Whyntt: is necessary at a person should say he would rather

to

where he was under no threat, no Inducement and no 11l-founded hope. Those conditions, he suggested, per- tained to this case.

It was a cardinal rule that

an

PREVIOUS SEIZURES The evidence of Dr. Pister had been clear and consistent. Ho had mude two elaborate examinations of accused must be regarded as respon- accused, and was of the opinion that sible for his actions until the contrary prisoner was in a very low mental

was proved, and the onus for that condition and that at the time of the proof must fail on the defence. murder he was suffering from what "Accussed stands there to-day, a

equivalent

Mesane man. It is not disputed that he went mad, and did not know what is a sane man. He is a self-confessed he was doing. This might have been murderer and he knows to-day whe due to domestic trouble, the notice

(Continued on Page 3.)

was known as a

epilepic

That accused had been subjected to to quit or the refusal of a reference.

such seizures had been stated, in evidence by two persons, who said that on one ocension prisoner broke up the crockery in the kitchen and

mon could speak the truth then be treated as a on another smashed the furniture.

Are you asking My Lord and the Jury to belleve that a allack a woman in a state of epilep the equivalent and know at the time that he was doing wrong?

Witness

question.

did not reply

that

Mr. Whyatt. Is question?--From

to

the

unatic?-No, but in this

case

On the question of medical evid- would indicate that he was not of aence, it was only fair to say that Dr. normal mind.

Show did not free with Dr. Faster'a When Counsel was about to

tdiagnosis. Dr. Shaw, however, had another question, Dr. Foster agitadinitted he could not give any leave Le opinion as to the mental condition dieult asked for permission to

Court, whereupon Mr. Whyatt said of the prisoner when the stabbing psychological if it would assist he would not took place. Further, 10 hod

That

not point of view, it is,

ask

listened to nil the evidence, whereas any more questions. Whyatt am not talking of

Before he left the witness-box. Dr. Pister had. that, but of mental

disciras, however, Dr. Pister was asked by

Mr Macnamara: You heard when he was asked why he went to the roof, that his answer was because Le thought there was an earthquake Yes,

Mr.

WOS

- יזין

pay chiletry

The original question peated to wlaces, who agreed that an epileptic equivalent would 101 know that he was doing wrong.

Mr. Whyatt: If prisoner's answer that he knew what he was doing is true, your theory goes by the board? if the statement he made yesterday was made in a clear mind it could have been trus.

('art not asking you whether it was true or not.

Assuming the necused was speaking the truth, your theory Rors by the board?—Yes.

At this point Dr. Poster sald be was not feeling well and the Court was adjourned,

Assuming that there was an earth- quake, would that indicate a healthy mind? It would indiente an unsurd mind.

He

Arst

QUESTION OF MOTIVE

with the

Further,

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Denting

question D motive. Counsel said there was some evidence of a grievance on the part of prisoner, real or Imaginary, about his treatment by Mr. and Mrs. Chal- It was for the Jury to say linor. whether that that was enough motive Dr. G. 1. Shaw was the last witness for the dreadful killing, but Counsel called and he was put in the box by submitted that a motive such as this was negligible to the mind of a sane the Crown as an expert witness. stated that he was Medical Officer of determined to murder Mrs. Challinor, person for such an attack, if he had the Hongkong Prisons and had seen

ira while in

mind, the it was required nowadays that the prisoner almost daily since July 11.

thing state of

he would have done would Medient Officer malce out a report on be to escape, instead of attacking the

coolte and the prisoners awaiting trial on the cupi-

gardener. Fu tal charge and in Chun's case he had there was the climbing to the roof and the thought of an earthquake, sent in his report stating that he

and these acilons were dimcult to His Lordship was heard to com-

garded him ¡ty sane. ment on the atmosphere of the Court

reconcile with that of a sane man. and said he hoped something would he could not himself get into the Chi-his struggle with Mr. Challinor was The great strength he displayed in, be done about it some day.

acse mind but he had had conversa consistent with an epileptic seizure When hearing was resumed after tions with accused in which he had and not consistent with a man in a Auw Pit Seng's Trading Co., Ltd. five minutes, Mr. Whyatt questioned told a connected story of his family normal state of mind. Again there

Dr. Paster: You said in

history, Ho said his mother Hongkong.

evidence

70, his father had died after a four attack on Mrs, Challinor,

the terrible savagery of

EXPERT OPERATORS yesterday that as a

who had lot Floor Exchange Bldg. Phone 32509, would not trust the prisoner's answers of whom was a shoemaker in Eng consistent with

psychologist you

days illness, he had two brothers one eight wounds, and this was more from the witness-box?—Yes.

mania Innd and accused added that he him-sanity.

then with Could

you give

the reasons? He self was married and had two child- rmational and he was in a cor- tain state of confused mind.

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COUNT THE

"TELEGRAPHS"

EVERYWHERE

was

HEARING RESUMES

Let's take the first one, emotion;; you really think that there was any- thing abnormal in a man going to

C-

In reply to questions, witness said

DON'T KNOW WAR IS ON

was

With regard to Dr. Pister's ques- the witness-box and showing emotion lions, witness said: I regret to say when he confesses to a crime like My Lord, that I have taken the op- this?—No, it all depends on the de-portunity of asking prisoners why gree, and the

mental state of the they did not go and Oght for Chiang man,

Kai-shek and a great many of them

www

If in fact he showed any emotion do not know who he is. I have ask- at all, when confessing to a crime of cd many why they came to prison this character, that might indicate instead of fighting and scores of them the other way? It might. I com- do not know there is a war on. pared his state of mind in the more examination of accused in order to Witness sald he made a physical ing and his state of mind in the afternoon, when he was quite calm. see if there was some disease which

might give rise to Did you observe when

The nity but there i I cross-wan none.

Jerks were examined him, he equivocated with normal except on the previous day me on the question of leprosy?—Yes. when the strain of the trial might But in the afternoon when he was have been the cause of exaggerat telling his own story without any refle

reflexes.

July he questioning from me, he stated that retinoscoty test to prisoner, putting leprosy was regarded as an impor- actrophin drops in the eye to examine tant matter? I cannot recollect what the back of the eyes for some hidden he said in the afternoon.

disorder but found none. Incidental- ly the dilatability effects of these drops on the pupils may have in- fluenced Dr. Pister in his examina-

gave different versioNS

On

the

What I am suggesting to you is tion of the acused soon after, since this, that he gave a different version the doctor, had not been informed of about his reaction to the accusation the test.

of leprosy in the afternoon from the one he gave in the morning; · you

In

cross-examinallon Dr. Shaw

agree with me? I don't recollect sald he did not express any opinion

what he sold in the afternoon.

ns to the sanity ar otherwise of prisoner at the Ume he Counsel then read out prisoner's the grime.

committed When prisoner was evidence on this point given in the admitted to the prison hospital he afternoon, which was that "the hus- was asked to give his history and band, and wife made him very angry he said that about forty days before by calling him a leper," and asked: he had shot or stabbed a European On this point of leprosy which do lady on the Penk, had, then jumped you think in more probably true, from the second storey and did not his version in the morning or the know anything more until he woke one. In the afternoon?—I cannot'say, up in hospital.

His Lordship: What he said in the morning was that if someona calicu him a leper it was not important.

Mr. Whyatt (to witness) Which

OFTEN ACT LIKE MADMEN Asked if he could explain why prisoner suid he felt an "earthquake":

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