LIONEL TERRY.

Gisborne Times, Volume XIX, Issue 1608, 22 November 1905, Page 3

LIONEL TERRY.

SENTENCED TO DEATH.

(Per Press Association.) , ; Wellington, last night. Lionel Terry, who shot a Chinaman in Hainlng street some weeks ago, and gave himself up to the polioe, appeared at Iho Supreme Court - this morning, obarged with murder. ‘ j * >• ,

When asked to plead he aaid, “ I have nothing to ea;, except that my action was right and justifiable.” The Chief Justice said this amounted to a plea of not guilty. t The Crown Prosecutor said the jury would be relieved of any difficulty as to whether accused committed the aot. It might be that the quoation of response bility for the act would arise. ' Evidence was oallod to show that an aged Chinaman, Joe Yung, was shot through tho head with a revolver while y Walking along Hainiug street on Sanday night, September 24th, and aooused next I day gave himself into ouatody. The prisoner conducted his own defence. He | did not orosa-oxnmino tho two European witnesses, bat oross-examinod the Chinese witnesses as to details of his appearance J and as to gambling. I Lionel Terry was found guilty, with a strong recommendation to mecoy. He I was sentenced to death. He made a long ploa of justification.

TERRY’S PLEA.

DENIES THAT HE IS MENTALLY WEAK. MURDER RESULT OF CAREFUL DELIBERATION. (Pea Press Association.)

Wellington, last night, Lionel Terry was pot forward for trial at the Snpreme Court this morniDg, charged with having murdered Joe Yung, a Chinese, in Haining street, on the night of Sunday, September 24tb. The prisoner was not represented by oounsel. He retaiued the ereot bearing and ealm self-possession that characterised him at preliminary proceedings. When asked to plead, he said he objected to tho word “ guilty." His aotion waa right and justifiable. His Honor the Chief Justice took this as a plea of not guilty, and the hearing of the evidenoo proceeded. The witnesses oalled repeated the testimony they bad given in the Lower Court about Terry’s action on the night of the murder. Counsel for the Crown, Mr H. Bell, did not address the jury, but aooused made a long statement, setting forth hie views. In this he expressed regret that the drastic measure adopted io order to attraot attention to evils consequent upon alien immigration had been regarded by some as the result of mental aberration. It was suggested by the Coroner at the inquest that he waa the victim of an insane delusion, and it bad subsequently been rumored that bis intslieot bad been impaired by a sunstroke. Although freely admitting that such rumors to a certain extent were exousable in view of tho extraordinary nature of the case, more especially aa the danger of Asiatic invasion appeared to bo little appreciated by the people of New Zealand, and although suoh rumors bad in some instances emanated from those who wore inspired by friendly motives towards himself, it was obvious that should they obtain general belief reforms which he, was endeavoring to establish might bo seriously delayed. He Wished therefore to deny all suoh rarnors or statements, and to declare that bo had never Buffered from sunstroke or any other mental ailment. His action was the resnlt of oareful deliberation, and was compelled by merciful consideration. Prisoner then went on at groat length to refer to the dangers of aliens living in the country, declaring that drastio measures were neoesaary to call attention to them. He murdered Joe Yung for the purpose of tasting the stability of the law relating to the protection of aliens. His Honor, in summing np, said the evidence and accused’s admissions showed that aooused did commit the crime with Which he was charged. Accused had said in his statement that murder, which the law said was one of the greatest crimes known to the law—was not a crime towards a Chinaman, bnt this was not so. The law applied to every human being in New Zealand, whether Maori, Chinaman, or of any other race. The only question that might be raised was whether accused knew the nature and quality of the act with which he is charged. The law provided that if a person knowingly and intentionally killed another he must be found guilty of that offence. It might have been suggested that aooused did not know what he was about, and suffered from some aberration, There was no evidence before them that accased did not know the nature and quality of the act. There was no doubt about the faots of the ease, aod there was no justification, and no exouse. Therefore it was not necessary that he should say more. Tho evidence and aooused's admissions showed that ho did kill and murder that Chinaman, and that being so, the jury’s duty was, in aoeord with their oonsoisnee, to fiad a verdiot of guilty. If the jury added to their verdiot aoy recommendation he would convey it to the proper authority with whom roaiod the reaponeibility of oarrymg out the law. . , . The jury retired at seven minutes to twelve, and at 1.25 p.m. returned with a verdict of guilty, with a strong recommen dation to meroy on tbo grounds that the prisoner was not responsible for his actions, as he was suffering meotally from a craze oauaed by his intense hatred towards the mixing of British and alien races. , His Honor: Lionel Tarry, you have been found guilty of the crime of murder. Have you anything to say why sentence of death should not be passed upon you ? Prisoner: No, except to repeat what I said formerly, that my aotions were right and justifiable. His Honor: Lionel Terry, it is not neoesaary for me to say anything to yon in the position in which you are placed. It is my duty to forward the reoommendatiou of the jury to his Exoellency tho Governor and his advisers, as tho responeibtlity rests on them with regard to the sentenoe which the law says I muet now pronounce upon you. (Assumes the. black cap.) The sentenoe of the Court is that you be taken from here to His Majesty’s prison, Wellington, and from there to the place of execution, and that you be there hanged by tho neck nntil ! you be dead, and may the Lord have meroy on your soul. Prisoner tightly compressed his ups, but retained his color, and walked down the steps to the oells below the dock with an ereot figuro and firm tread.