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SUPREME COURT.
Thursday, 28th January.
IN CRIMINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIE F:
PIGGOTT).
THE DES VOEUX ROAD MURDER.-DEATH SENTENCE.
Six Chinese were arraigned on a charge of murdering Shan Cheun, rattan dealer, on the 27th November. They pleaded not guilty. The Hon Mr. Rees Davis, K.C., instructed by Mr. Dennys, conducted the prosecution, pri- soners being defended by Mr. H. G. Calthrop, instructed by Mr. O. D. Thomson.
The jury was empanelled as under: Messrs, P. Davidson, R. D. Galloway, P. F. Nicholson, J. Lysanght, A. C. Dierks, A. 8. Currie, C.A. H. Westerberger,
The Attorney General told the jury that the affair took place in Des Voeux Road West about 6 o'clock on the evening of 27th Novem- ber. The murdered man was a rattan dealer and all the prisoners had formerly been in his employ, but there had been a dispute between the master and the men concerning a woman labourer and they all left his employ. The evidence brought forward by the prosecution consisted chiefly of the evidence of two eye witnesses. The deceased's servant girl, a girl of 16 years, would tell the jury that she knew all the prisoners very well, having lived in the shop where they were engaged as fokis. Her story was to the effect that on the night
of the 27th November she went out on a mission for her mistress and on returning she saw, within a few yards of the shop, about ten men attacking her master. She said definitly hat all the six prisoners were there. She saw the first prisoner strike him with a knife about a foot long, while the other five beat him with their fists or hold him by the queue. Becoming alarmed she ran into her master's shop and made a report to her mistress. The men ran away shortly afterwards and deceased walked to his shop bleeding and in a very weak state. The girl was then sent for the doctor. Her story was corroborated by a man named Shan Pai, a rattan dealer, who also spoke definitely to seeing all the prisoners. He stated that the first prisoner had a knife with which he chopped at the deceased who was calling out "save life." He also saw the second defendant catch deceased by the queue and saw some of the others kick him. To use his own expression "they were beating him at random." As soon
as this witness came up the prisoners ran away, and he gave information to the police. At that time the street was well lighted and he could easily recognise all the men. The deceased was taken to the hospital but as his skull was smashed to the brain and he had other knife wounds, his condition was very grave. He rallied on admission. On the 1st December he became worse and an operátion Was per- formed but he died on the 5th December. All the prisoners were arrested-the first three on the night of the affair and the others the following day. When charged at the Police ourt the prisoners all denied the charge and No. 6 sought to establish an alibi. Two knives were found at the residence of the first prisoner. Dr. Koch stated that, in his opinion, the wound on the head was caused by a heavy knife.
Other evidence was called.
Mr. Calthrop said he proposed to put the prisoners in the box.
The first prisoner, who elected to give evidence, said he left the deceased's service on November 20th. He left because he had not enough work to do.
THE HONGKONG WEEKLY PRESS AND
His Lordship-Not because you had not enough pay No.
Witness said he entered the service of deceas ed's brother on the 26th November. On the following day he finished work at 6.30 p.m. and after washing his feet proceeded to the second floor and went to sleep. He did not go out. At midnight a policeman accompanied by a girl came up and he was arrested. He knew nothing of the affair. The second and third defendants were with him as well as other fokis.
Cross-examined-He left because of the dis- pute over the woman labourer and not because he had not enough work to do.
[February 1, 1969: Counsel having addressed the jury, his Lord- | important offices in the Civil Service. Not ship summed up very briefly and the jury long ago he was acting Assistant Registrar retired to consider their verdict. After an General, a post which his intimate knowledge absence of fifteen minutes they returned and of the Chinese enabled him to fill adequately, asked several questions which his Lordship said and it is only about a year since he went home indicated that they wished an elucidation of the on leave to join his family. Last summer, he evidence, upon which it was too late to enter. was awarded the Imperial Service Order in The Attorney General said the evidence recognition of his long and distinguished record. desired was not admissible.
Mr. Calthrop agreed.
His Lordship instructed the jury accordingly, On their return the jury returned with a verdict of guilty of murder against each, but recommended them to the mercy of the Court.
His Lordship informed the jury that on a verdict of guilty he could do no other than pass sentence of death. The recommendation to mercy would be forwarded to H. E. the Governor and if they liked to draw up their reasons for the recommendation they could be transmitted to the proper quarter.
His Lordship, after the usual questions to to each prisoner, donned the black cap and pronounced sentence of death upon each.
The prisoners received their sentence with remarkable composure, the sixth man challenging the witnesses, according to hinese custom, to swear on the cock's head.
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RESIGNATION OF MR. JUSTICE WISE.
In religious circles Mr. Dyer Ball was greatly beloved and his ministrations among the Chinese were highly appreciated.
**
His record is summarised in “ Who's Who in the Far East" as follows: James Dyer Ball, M.R.A.S., M.N.Ch., B.R., R.A.S., Civil Service; b. Dec. 4, 1847. Resident 40 years in China, of which 30 have been spent in Government service in Hongkong, mostly in Supreme Court; has- held office of Sheriff and Registrar General as well as other positions; is J.P. and Com missioner appointed to take oaths, etc.; member of Hongkong Civil Service Board of Examiners. Publications: Author of a number of works dealing with the languages, customs, manners and religions of the Chinese such as "Things Chinese," "The Pith of the Classics," "The Religious aspect in China,” “ antonese made easy" series, "Hakka made easy," How to write Chinese" etc.
Mr. N. G. Nolan, first interpreter at the Magistracy, has been appointed to succeed Mr. Dyer Ball as chief interpreter at the Supreme Court.
A
The news that Mr. Justice Wise, the Puisne Judge, has decided to retire on pension, has been
A PLAUSIBLE BURGLAR. received with genuine regret in the colony not far larger number outside who had the pleasure American accent was charged before Mr. J. B. only by those associated with the bar but by the
A native who spoke English with a pronounced of his acquaintance and friendship and who Wood at the Magistracy on Jan. 25 by Inspector appreciated his personal qualities. It is scarcely Robertson with breaking into No. 50, Second decision to remain in England is not altogether A second charge of wilfully damaging Govern- a year since he went home on leave and his Street, in the early hours of Sunday morning. unexpected. He was far from well when he leftment property was also preferred against him here and fears were held that he would not The accused gained admission to the house, survive the voyage.
by loosening one of the panels in a Chinese made door with a with a bundle of clothing valued at $30, knife, and departed
and with $19 in money without disturbing the inmates. When a watchman stopped him as he was proceeding along the street with the bundle, he told the watchman that a con- stable had borrowed the clothing contained therein from another man at the Central Station for the New Year, and that he (the accused) had been asked to take the bundle back. Tha watchman believed the story, and let the defen- Queen's Road West with the bundle under his dant go. Later another watchman met him in arm, and approached him with the object of asking a few questions. The accused ran away, but was captured, and just as he arrived at No. 7
Mr. Alfred Gascoyne Wise, barrister at law, had an extensive knowledge of Oriental charac- ter, which, added to his legal acumen of no mean order, enabled him to arrive at decisions which were invariably sound. Seldom indeed were any of his judgments upset. Possessed of & wonderfully keen insight into character, he seemed to be able to read a man at a glance, and as he grasped points quickly and clearly, he dealt with cases with remarkable despatch. His pronouncements were distinguished for their lucidity of expression, and that his conclusions were well formed is amply demonstrated by the fact that his judgments were rarely re- versed. Moreover he brightened many a tedious hearing by his witticisms, and among the mem- bers of the Bar he was esteemed for his fair and impartial treatment. In every essential he worthily upheld the best traditions of the Bench
him a general favourite. His personality was In social circles his manly qualities made decidedly robust, his expression direct, but withal he was a splendid type of the English gentle man. His presence will be missed by not a few and certainly his absence will occasion no little regret.
Born at Colombo. on the 15th August 1854, he is thus in his 55th year. He was educated at Repton and Trinity College Cambridge, was called to the bar (Lincoln's Inn) in 1878 and came to Hongkong as Police Magistrate in 1884. A few years later he was acting Registrar at the Supreme Court, and in 1889 was acting Puisne Judge as well. He filled several other appointments in the interval and in 1889 he became Puisne Judge. Since then he has acted as hief Justice on several occasions.
RETIREMENT OF MR. DYER BALL.
Regret will be felt that Mr. Dyer Ball has decided to retire from service in the colony and to relinquish the post of chief interpreter at the upreme Court. Mr. J. Dyer Ball enjoys more than a local reputation and is an accepted authority on China and the hinese, his various publications having become very popular. He has done much to simplify the study of Chinese for foreigners, while his contributions to the large collection of literature on China are very valuable indeed.
Mr. Dyer Ball has been long identified with the public work, of the colony and has filled
olice Station the owner of the stolen property put in an appearance to report his loss. He recog defendant as his property, and the accused was nised the clothing in the bundle taken from the charged, relieved of a false queue which he was wearing, and put in a cell. But even then the prisoner appeared to have hopes of escape, and had been locked behind him to barrow through must have made an early start after the door
the wall. He removed the wire netting which protected the lamp in the cell, and with this proceeded to scrape away the plaster between the stone work. His efforts were unsuccessful, however, and yesterday Mr. Wood sent him to jail for six months with hard labour.
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LARCENY FROM A BOARDING HOUSE.
Inspector Smith charged an unemployed "boy" 23th with stealing clothing from Mrs. Russell's before MJ. H. Kemp at the Magistracy on Jan.
boarding establishment “Glenderna" in Mao- Donnell Road. For some time clothing had been disappearing from this house, and at last the landlady decided to set a watch. The defendant was caught in the back yard pulling clothing through the kitchen window with a bamboo pole to the end of which a hook was attached. He attempted to escape, but was arrested by an Indian constable. Some weeks ago he was before the Court on a similar charge, and was then dismissed on a previous employer vouching for his good character. Yesterday his Worship sentenced the accused to three months' imprison- ment with hard labour.
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