THE HONGKONG WEER
FAND
of
隳
not be
Mr Slac from the char
ཆོ་"
His Lordship- necessary,
not guilty
fresh information is not
Mr. BladeThe prosecution has more or less broken down on the charge of murder » There is po evidence which will support the charge of murder and Mr, Pollock has admitted as much at this moment. I submit the regular course is for a verdict of not guilty on the charge of murder to be taken-that your Lordship directs that there is no evidence.
city like this violent men like you allowed to do these thin without un-the jury ought t
ery heavy punishment. If you had to return a verdiot
men in the shop you would have the full penalty that the law allows. Fily for you they did not resist you and therefore they were not hurt. I find it difficult make a discrimination between you all, but the whole I think there is sufficient evidence me to come to the conclusion that the first isoner was the chief. At any rate you are apparently the more intelligent man and the man in the best position, and the principal portion of the stolen goods was found upon you. The first prisoner must undergo a somewhat heavier punishment. The sentence upon yon is that you be imprisoned for eleven years with hard labour. The sentence upon
of the four others is that you be impri- oned for ten years with hard labour.
The Court adjourned until this morning.
19th March.
ARMED» ATTACK AND ROBBĚRY: THE
POLICE COMPLIMENTED.
His Lordship, before proceeding with the trial of the case appearing below, said I should like now to say what I should have maid yesterday, that is, to express the sense the Court has of the great zeal and intelligence own by the police in the handling of the case which was tried yesterday.
MH. E. Pollock-I am much obliged to your Lordship. I am sure the police will very much appreciate the remarks that your Lord ship has made.
MANSLAUGHTER: SENTENCE OF EIGHT YEARS, Chu Yuk was charged with the wilful murder of Lai Cheung on the 9th March.
Mr. H. E. Pollock appeared on behalf of the Attorney General (instructed by M. H. L. Dennys, Crown Solicitor), and Mr. M. W. Slade defended the prisoner, who pleaded not guilty
The following- gentlemen were sworn on the special jury-Messrs. A. G. Stokes, E. S. Whealler, Č. 8. Sharp, E. W. Mitchell, J. Thurburn, H. Stolterfoht, and J. Andrew.
Mr. Pollock explained the facts of the case to the jury On the 9th March the deceased man was sitting at the door of a shop at 4, Posses- sion Street, when the prisoner came up and said to him “You are a very proud man," to which the deceased replied "I am not so proud as you are," or words to that effect. A short #uggle then ensued and one or two blows were exchanged. Then the prisoner put out his hand and picked up a knife which was lying on a workman's bench in the shop and stabbed the deceased in the abdomen, the result being the infliction of an incised wound about three inches long from which a portion of the stomach protruded. The deceased was taken to the hospital, where he died thirty-six hours after admission. The prisoner was detained by five
men who were in the shop and a lukong
His Lordship-On the whole information to return a verdict of not guilty and to discharge the prisoner?
e
Mr. Slade-I cannot help how the informa tion has been framed. If the information has been framed solely on the charge of murder then I submit the prisoner must be discharged
His Lordship Every information for murder involves an information for manslaughter too.
Mr. Slade-Certainly; that is to say I do not think that is all sufficient. On an information for murder the jury may, if they think the evi- dence does not support the charge of murder, bring in a verdict of manslaughter; but an information for murder and an information for manslaughter are two entirely different things, and if the prosecution had any doubts of their being able to support the charge of murder they ought to have put in a second count of man- slanghter to make them safe. · As it is now
His Lordship-You can never combine murder and manslaughter. Very often an information for murder is withdrawn and an information for manslaughter is immediately filed and the pri- soner pleads guilty to that.
✔
Mr. Slade That course was open to my learned friend, but he has not chosen to take it. He has chosen to go to the jury with the one information and has admitted that the charge of murder is dead.*
Mr. Pollock-No.
Mr. Slade-I submit a verdict of not guilty It is highly technical, I must be returned. admit, but the criminal law is highly technical, and the prisoner is entitled to every atom of law in this matter. I submit your Lordship will not hesitate to give the prisoner his strict rights.
His Lordship-What I told Mr. Pollock was not that this charge has entirely failed. I put it to him whether he thought it was reasonable and fair to ask the jury to convict on the charge of murder-whether it was not more reasonable to fall back on the minor charge involved in the present information and return a verdict of man- slaughter. If the case had gone as it stood to the jury I should have told them that I do not think they could reasonably think that the charge of murder-
Mr. Slade That is to say, there was no evidence on which they could convict.
His Lordship-I would not have said that, him to the station. Counsel, in dealing this, that no witness has given one jot or Mr. Slade The position I have taken is with the law of the case, said in some cases where blows were interchanged and death tittle of evidence which shows "malice afore- are the words in the resulted the charge was one of manslaughter, thought," which
information, and the necessary quality of the but on the other hand there were cases where a
would not be justified in using a deadly malice which has to be proved to support weapon like a knife, and it would be for the murder. Therefore your Lordship is bound---I jury to consider whether the prisoner received put it strongly like that-your Lordship is nuch provocation and so acted in the heat of the bound in law to say, there being no case, the
to make him only guilty of the lesser case cannot go to the jury. manslaughter
clusion of the evidence for the Mr. Slade submitted there was not dence to show malice aforethought efore the case should not go to the
PASTOR M
ollock said he would like the case to go
Dyou wish the charge of course it will go, confess that in the
came into my
murder could
ertain circum-
His Lordship No, for this reason, Mr. Slade. The charge of murder, as I said just now, involves a charge of mauslanghter, and although the charge of murder fails, it is perfectly com- petent for the jury it is done every day England to convict of the lesser offence of manslaughter which is included in the charge of murder. All that has happened just now Iress was in order to clear the way for your and Mr. Pollock's address. It has been ally conceded by the Crown that the chai murder has failed, leaving the lesser manslaughter standing.
Mr Slade admit
to do
the trial cality which stands in
tolone done.
the
|
the
murde is under
ask for
His a point Court. If think I can case to go to Pollock, as representing, can reasonably charge of murder fall back on He acceded address the to the charg information still murder. For my plainly that I do not the charge of murd convict the verdict v
ald
Of cou
per in point of law, but it factory
the
Mr. Slade Your Lordsh some evidence of malice to go the
His Lordship I can, if they thin but I shall tell that would be a you see, I would the way it affects
wish to suggest any course look is willing to take a verdiot it is for you to say how it affec
Mr. Slade It is useless for time of the Court or the jury in out that this blow was not struck soner. I would submit, however, th struck under the belief that it was in defer his own life.
Counsel then addressed the jury and his ship summed up in favour of a verdict of. slaughter.
&
unanimon
ence
The jury, without ret returned a verdict of ma
His Lordship in pasan Prisoner, you have bean slaughter. You were char of murder, but the jury ver have found you guilty of the lesse manslaughter.
1 can have no took the life of this young man und stances of considerable cruelty him first, so to speak. It is true parently went further than you Hồ and forced you down and pressed you, but chill there was no cause whatever to that knife and inflict that ornel w which caused his dea
death. Tam not I am not dealing leniently wi you the sentence of imprisonment with ha labour for eight years.
ind
THE MUEDER IN A BOARDING HOUSE. Chui Kwai was charged with murder of Chan Tsui, his wife, on t March last.
Hon. V M. Goodman, Attorney Ge
Denny (instructed by Solicitor), 0:0. (inst
MOE
OD the
Meyerink
and Mr. J T Mr. K W
DR. Sassoon and alled
ttorney
arrived in Hongkong
an
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