A SIREET FRACAS

Gisborne Times, Volume XXVII, Issue 2544, 3 July 1909, Page 2

A SIREET FRACAS

..CHINAMAN CHARGED WITH MURDER. ' At the Central Criminal Court, Darlinghurst, Sydney, qri June 14, before Mr Acting Justice Rogers, and a jury, See Young, .a young arid diminutive Chinese, appeared to answer a charge of feloniously and maliciously murdering Thomas .Stanford, on March 15. He pleaded’ not gujlty. Accused was defended by Mr G. H. Reid, K.C., .instructed by Mr J. J. Carroll. Mr Pollock appeared for the Crown. The case for the Crown, as set forth by Crown, Prosecutor, was that deceased and a friend! named Williams had 'been drinking in the RooScvelt Hotel. Afterwards, in the street, a row resulted, and - a Chinaman, Lee Sew, drew a knife and stabbed Williams. Accused, See Young, came up, stabbed deceased, and then ran atway. He was seized by a man and he’d until the police arrived. A knife was found in a. shop, which accused admitted was his. Stanford was taken to the Sydney Hospital, suffering from a stab 2in deep, in the side. He was covered with blood, and died 20 minutes after admission to the hospital. , Dr E. L. Parry stated that Stanford was admitted to the Sydney Hospital suffering from a 2in stab in the liver. He died 20 minutes afterwards. Death was due to the stab, which could have been caused by the knife produced. William Williams, horse trainer, said he knew deceased, and was with him on the afternoon of March 15. They had been in the hotel, and when they went into Canqpbell-street, they met a Chinaman .'walking with his head down. The Chinaman bumped into Stanford, and a row resulted. The Chinaman drew a knife, and witness pushed him away. Witness was stabbed in the arm. Someone called out, “Look out for a knife,” and when he turned he saw accused running across the road with a knife in his hand. Accused rushed at Stanford and stabbed him in the right side. Accused, then chased witness to the opposite side- of the road. Witness stooped,to pick up a brick. The accused then ran up Elizabeth-street to a Chinese shop. Witness went to the assistance of, )ceased, and then (went after See Young. Afterwards witness took deceased to the hospital. „ ■ , , T To Mr Reid: Stanford said to Lee Sow “Do you want all the road.” The Chinaman answered, “Do you want to 'yr’nt?” They had been to four hotels during the day. They did not lay hold of or assault the Chinaman. They were asked to leave the hotel. . Accused was not knocked down a.nd kicked. was no fight or scuffle. Witness -only pushed the Chinaman away. Witness could not understand how the Chinaman got a swollen face, and an injured leg. No threatening language was used in the hotel. Arthur Bruce Dabron, a boy, was in Campbell-street on March 15. He saw two 'white men and a Chinaman arguing. Then Williams and Lee Soiw began" fighting, and accused rushed across to help Lee Sow. Stanford tried to stop accused, and-a- fight resulted. Accused pulled out a knife, and stabbed Stanford. Then accused went for Williams who ran away. See Young then fell down, but afterwards went into a shop. To Mr Reid: There certainly was a fight. Lee Sow had no knife. Williams challenged Lee Sow to fight. Jane Lawler, wife of the licensee or the Roosevelt Hotel,, said that Williams and Stanford were in the hotel drinking, when a Chinaman came in with some bundles. The two men were an-o-ry with the Chinaman for knocking •a cigarette down. She ordered the men oat. There was a row outside, 'and. "witness saw ia Chinaman on the ground "and some men kicking him. To Mr Reid : The Chinese ‘were not at all quarrelsome. The 'language of Williams and Stanford was very threatening. Witness saw See Young on the ground being kicked. Margaret Thomson gave corroborative 'evidence. , ~ , ~ Alexander Wright said -lie saw thefracas in Campbell-street. There was -a fight, and the Englishman was getting the best. Stanford fell at witness s feet, covered with blood. , Louis Marks said he was driving a cart down. -Campbell-street, and saw the disturbance. He noticed Williams and Lee Sow fighting. When accused 'came up, he was. knocked down by Stanford. Accused chased, deceased and stabbed him with a knife. After i further evidence was taken, Senior-constable Barnes stated that on March 21 he saw accused, who admitted to owning the knife. Accused was a most inoffensive person. . Constable Newell gave evidence of arrest. On the way to the station, accused said: “Two men fight me, -and ms fight them.” When charged, accused said, that two men struck him, and one kicked him, and he (accused) stabbed him. Accused’s face was greatly swollen, he had a bruise on the right dollar hone and a wound : on. the leg. He was also lame, had hie . trousers torn, and covered with mud. This closed the case for the Crown. THE DEFENCE.

See Young, the accused, gave evidence through an interpreter. He said he had lived in New South Wales five years, and in Australia 15 years. He was a gardener, -and this was his first experience in a law court. On March 15 he was going home to Uptonstreet, avhen he saw two men in front of Lee Sow’s place, threatening the owner. He called Lee Sow away, and deceased then struck ihe witness, knocking him down. Witness got up, and was attacked by the two men, Williams and Stanford, and knocked do-wn again in the roadway. While he was down both of the men kicked him several times. As witness got to his feet he saw one of his assailants with two bricks; and thinking they were going to be thrown at him,, witness drew his knife, .and brandished it .about. He did not attempt to stab anyone. He bad done nothing to the men before being attacked. , To Mr Pollock: After ho waved tho knife about he struck one. of the men. Then he went away. Lee Sow, dealer, had resided for 10 years in tho State. He was .going along tt-stree.il ©a March 15, and when near

the. corner of Campbell-street he saw Williams and another man there, They called witness vile names. Ho said, “Wha’ for?” They then turned on him and struck him. He heard someone call out, “Lee Sow, come home to supper.” /Then he saw accused. Witness had'no knife on him, and never carried one. George Bow, Chinese merchant; Le Chum, president of tho Chinese, Charitable Association; and-Lean Fore, manager of the. “Tung Wall Times,” gave evidence of character. They had known tho accused for many years. iSee Young boro an excellent character, and was quiet and inoffensive. Mr Reid then addressed the jury. The jury brought in a verdict of not guilty of murder, and guilty of manslaughter, with a strong recommendation to mercy on account of the strong provocation received. Being asked if he had anything to say, the, prisoner said, through an interpreter, that he had no intention to kill .anyone, but being in fear of his life, he tried to frighten, his assailants away. It was more an accident that lie killed the man. He appealed for his Honor’s leniency. ' . His Honor, in passing sentence, said he had taken into consideration the prisoner’s previous good character and the jury’s recommendation to mercy. See Young was sentenced to- nine months’ imprisonment with hard labor in Goulburn gaol.