"Another thing I must refer to is that difference.of opinion, spoken of by Mr. Vaughan as. existing among the police, on the question of intensive questioning. Of course, gentlemen. from our point of view in England. it is abhorrent. Tt is not a method which the English nolice are allowed to use."
After describing the English system, under which an accused person may decline to speak or a free and voluntary _statement, having been cautioned, his Lordship proceeded: "That is the reason why it came as a surprise to hear from two heads of the nolice, Mr. Vaughan and Mr. Reeves, an emphatic approval of that midnight. conversation, a somewhat guarded statement about it from Major Hilton-Johnson, and an emphatic condemnation of it from Mr. Armstrong and Inspector Mackenzie. It is not for us in any way to hamper the police in the proper, due and legitimate exercise of their functions, the prevention of crime, or its detection, but we may not agree with all their methods. In this case, the method adopted by the police, which undoubtedly has the approval of certain members of the police force, is one of which we do not approve in England, and is one which led me two days ago to express a somewhat strong opinion—at all events about one portion of it. That was, the third taking of this man out of the cells at midnight, when he had already undergone two examinations at the hands of skilled detectives, and subjecting him at that time to another cross-examination which led to another visit to Burkill Road; and then again, after he came back, subjecting him to still further questioning. I am bound to say—speaking for myself (it is entirely for you to form your own opinion)—that that third examination of this man was cruel and harsh. It could have been done the next day. However, it is entirely a matter for you to consider when you consider the rest of the case. The police are out here in the interests of justice as well as the suppression of crime, and as far as the administration of justice is concerned, it is better in the Jong run that a few guilty persons should escape justice than that a few innocent persons should undergo punishment, "One other thing. No suggestion has been made here, and I am glad to know it, that the police have put any hindrance in the way of this inquiry. It is quite as much the duty of the police to inquire into allegations of crime made against members of the force as it is when they are made against persons outside the force, and it seems to me to be right, and the duty of the police, to render that assistance which has been rendered by them to the prosecution, both in the police court and in this court.'""
POINTS FOR CONSIDFRATION, On the resumption in the afternoon, his Lordship, continuing his summing up, impressed upon the jury the fact that because he had ventured to criticize police methods, he did not mean thereby suggest in any way that the prisoners were guilty of the offence charged against them. Passing to the facts of the case, the Judge said that the jury bad first of all to consider the man's own story; secondly, the medical evidence on what was observed upon the prosecutor; thirdly, the evidence of Mr. Ting (who was not a medical man, though he did tell the Court that he dabbled in me-divine); and fourthly, the admission of Gabbutt as to what he saw of the affair. As regards direct corroborative evidence, he. (the learned judge) thought one could hardly expect much evidence in this direction. If such treatment was meted out to any man in the inside of a police station, he could hardly be expected to be able to bring forward such evidence.
His Lordship said that he would be careful not to draw attention in great detail to Dr. Stafford Cox's evidence, as they knew that a great deal of time had elapsed between Loh's release from the Mixed Court on the morning of the 7th until his examination by this witness. It was suggested that the state of his body when seen by Dr. Cox on that afternoon was exaggerated partly by Dr. Cox; and it was more or less admitted, his Lordship thought, that the witness took a more serious view at that time than he did afterwards, The man's condition might also have been worsened, and certainly would have been by his experience of the elements for some four hours during that afternoon. That was a matter for the jury to consider when they decided whether the injuries amounted to grievous bodily harm or not.
Continuing, his Lordship said that. it was a curious thing that the sequence of evidence called by the Crown and by the defence was the same. The evidence of the prosecu: tion and defence both referred to Loh being made to sit down, to his being examined by Chinese, to confessions followed by the visit to Burkill Road, followed by farther questions before he was mit back into the cell.
Text read from the printed page and cleaned; old type leaves the occasional error.