January 17, 1895.|||
one or two more shots fired, but it was evident the other prisoners had thrown away their revolvers | if they ever had any, and had not used them, showing they intended to use them only for in timidation and not for violence. He also called attention to the fact that certain acts were attributed by witnesses to several men whereas they could have been committed by only one man. He did not impeach the good faith of anyone, but only wished to show the unreasonableness of the staten ents.
$
His Lordship then chu.ped the jury The jury retired and after about half an hour returned into Court with a unanimous. ver-
dict of guilty as regards the first and second prisoners, and a verdict of not guilty by four to three as regards the third, fourth, and Afth prisoners.
His Lordship called the attention of the jury to the fact that under the Ordinance the verdict with regard to capital charges must be un- animous.
The jury then again withdrew.
CHINA OVERLAND TRADE REPORT.
to run at large, there would be no security for life or property. His Lordship then passed sen- tence of death in the usual form.
12th January.
IN BANKRUPTCY.
BEFORE HIS HONUR Mr. A. G. WISE,
ACTING PUISNE JUDGE:
In ve SMITH ALLISTON. Mr. Smith Alliston, bankrupt, came up for his public examination. Mr. 1. Sercombe Smith, as official receiver, conducted the inquiry, and Mr. C. J. Grist, of Mr. Wilkinson's office, ap peared for the petitioner.
43
of $20 that be retuned for that item,|| His petition was filed 30th November! He bad no transactions with Messrs. Powell & Co. after that date that be recalled. Did not member buying from them on 1be 28th November а doll and a bat, but might have done 80 He had a personal account at Tuk Chenng's, the tailor. "as well as a Company account. His bill there was, he believed, some $1,775, while in March, 894, the firm's was $5127. is personal account from October, 1893, to November, 1894. was $187. Dis per- sonal expenses had been, ou au average $250 a month. The film had, until Ng Pak To went out of the partnership, an invoice book, a cash. book, a day book, and a local ledger, all in Chinese, and, besides, a regular set of books in English. Witness said he owed the Pank no- thing at present. At one tinie he owed the Bank $520, but that had been paid. Be Longht there were some margius on some of his obligations that would yield a fair return if not sacrificed. estimated his total liabilities at $14.194 and his assets at $6,201 if sold at forced sale; but if managed wisely they would return far more.
He
The Clerk of the Court, then asked if there were any creditors present who wished to ask any questions and pone appearing the examina- tion was closed.
THE ALLEGED EXISTENCE OF PLAGUE IN TUNG KUN.
The following report by Surgeon Major West. cott, A.M.., on the subject if the existence of plague in Tung Kun is published in the Gazette-
Dr. Kühne, of the Rbenish Mission, who had been resident at the Mission Hospital for the last seven years, and he informed me 1-That the Chinese doctor at Shek Lung, a
The Attorney-General in his reply said it was thire days since he told the jury what he would present to them in the way of proof, and he also indicated the law that should govern them in forming their opinion on the fucts. That same law would be laid down to them by his Lordship
Mr. Alliston. in reply to questions by the Re- when he came to sum up They all bad theirceiver, said that he first came to Hongkong in parts to perform. The jury's function was to April, 1892; that he was connected before com- find a verdict in accordance with the evidence. ing here with a gold extracting company: They had nothing to do with the law. On law that his capital on arriving here was from $100 points there might be many conflicts raised, but to $200, that in October, 1893, he started in busi- these the ( curt would decide. The law would be
ness here, forming a partnership with Ng Pak laid down by his Lordship. All the jury bad To and Tang Kit Shang. The total capital of to consider was a verdict in conformity with the the fim n starting was $5,000, contributed by | evidence. The duty of counsel for the defence Ng Pako and Tang Kit Shang.
Be- was to do the utmost they could for their tween April and October, 1893, he went to clients. His duty was to lay before the jury Australia, the cpital at that time still the facts es fairly as he could without being $5,000. Ng Pak To, about Decem- prejudice to any one. He did not propose toer, 1893 came to him and asked him if argue on the law, although he might have to ad- he would have any objection to his purchasing dress a few words on authorities to his Lordship. the interest of Taug Kit Shang, to which wit He would, however, call their attention to two ness offered no objection, and he believed the recent cases, 6.Q.B.D. p. 79 and 1 Russell on transaction was consummated. The reason given Crime p. 764. He then reviewed the main points by Ng Pak To for wishing to purchase the in- of the evidence.
terest of Tang Kit Shang was that it might become necessary for him to make further ad-
- Hongkong. 7th January, 1895. vances to carry on the business and that Le
Sir, I have the honour to report that I pro- wished to have a laiger representative interest in the management and returns if he was to put ceeded to Tung Kun on the 27th ultimo to in- in more money. In June, 1894, Ng Pak To
vestigate the disease stated to be prevalent there. asked
witness if he would buy him. out. I was accompanied from Canton by Mr. F. 8. A Bourne, the Vice Consul at that port. At Up to that date Ng Pak To had invested in the business about $1,00, all told, in-ung Kun on the 31st December I interviewed eluding his original capital of $5,000! Wit- ness agreed to purchase his interest and gave him promissory notes for the same. These were not all drawn to Ng Pak To's order nor all made. payable to him, but he believed they were all endorsed to him. They were in any event all made out at his request. There was $2,500 in the name of Tang Kit Shang; $2,500 in the Dame of Ng Pak To's concubine, and $4,700 in the name of Ng Pak To. Witness also gave Ng Pak To a promissory note of $1,350, he thought, about a month after that. It was for settlement 2 of interest and some other items due to Ng Pak To. Ng Pak To went to Macao and was away most of July and August. After that he was seen no more by witness, who, however, expected Ng Pak To would make a persoral demand upon him for the interest, but he never dia, until about the beginning of September, when The first prisoner said-I was passing along he came to witness's office and applied for the and I was struck. I sat down aid was sore and interest. He was paid some $88, witness think- weak. Then a policeman came up and arresteding it was on interest account, but Ng Pak To me. Soon another man came and arrested me subsequently said it was on account of money 100. After that I was taken in a chair, to the due to him for unpaid salary previous to sale station, and then to the hospital. I was partly of his interest in the business. In June, it unoonscious. The doctor took out the bullet seems, there were some $50 due to Ng Pak To and cared for me. That is all 1 have to say. on account of salary and some $30 for go. The second prisoner said—I was walking along down rentals. When the partnership began Ng the street when some one came up and pushed Pak To and another man were to have $25 a me. He something about him. It fell on month wages. Some time in September Ng Pak the ground. I followed him for twenty or thirty. To issued a summons and demanded payment of steps. Two western men arrested me. The a the notes. The first note due was $1.00, pay- Chinese arrested me and took me up to a placeable one year from date. Witness attributed I do not know what it was for. I was ques- his insolvency to three things: 1st, the failure tioned there. Then they searched,my jacket. | of the bank in Australia through, whose agency They took my jacket off. There was a watch he expected to do a large business; 2nd, the there. Somebody held the watch obain in his hand failure of the big firm through which he was He took it up to the station and held the chain transmoting most of his business there; and, a long time at the station. Then he took hold of 3rd, the demand for immediate payment of these my band like this; then he pushed my hand aside notes at a time when it was so difficult to realise and it went into my pocket. That is all on anything. Ng Pak To advanced to the firm I said. Next day at the trial. La Mon during the first six months about $2,000. The told me to say that he had caught me. It was assets of the partnership, six months atter the western man that caught me. I could not starting. would have paid eighty or ninety cents cuay otherwise, He told me again the second on the dollar. Besides what witness had day to say he had caught me. Then, when it borrowed from Ng Pak To, he said he had also
At 12.15 bis Lordship entered the Court again and sent for the jury, who reported that they were now five to two in favour of a verdict of not guilty as regards the third, fourth, and fifth prisoners. The Attorney-General accepted the verdict of not guilty ou the last two count (shooting at the district watchmen with intent to murder; but with regard to the first three counts, it was decided they must be sent back till the Attorney-General decided whether a new trial would be necessary. The three last prisoners were then removed.
The two first prisoners were asked if they had any thing to say why sentence of death should not be passed upon them.
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large town on the East river, 8 miles N.W. of Tung Kno, was at Tung Kun on the 29th November, 1894, and reported that he bad heard about several cases of plague in Shek Lung, and that he had had one case under his own treatment which died in three days, the axillary glands being affected.
hat he had heard frou his Chinese teacher that in Tang Kun on the 3rd December a boy 10 years old came to the hospital grounds from the country to see some friends, and in the evening he became ill and died on the following night from high tempera- ture and syncope. His grandmother, living in the same house, became ill six days after- wards, and on the second day of the disease she sent to borrow Dr Kuhne's clinical thermometer, which, on return, registered 102 deg.; she died on the third day and her family circulated a report that the doctor's thermometer had caused her axillary glands to swell.
That on the afternoon of the 10th December a Chinaman was selling sugar and water in the streets, and in the evening be was dead of "season disease."
That in one street near the north gate six people in one family died at about the same date.
-1 hat he (Dr. Kühne) had noticed that many rats died in the hospital premises two months ago.
That on the 16th December the scavenger reported that 30 coffins passed one of the gates in one day.
Dr. Kühne being unable to give any evidence of the existence of plague at the present time kindly placed his Chinese medical assistant and Chinese teacher (who is also a medical practi- tigher in the town) at my disposal, and I sent these mep, and also the native of the town who was sent from Hongkong with me to try to discover from any disease and I offered a
a case of plague to any one who would show in any stage. or a body dead of the disease. They reported next day that they were unable to discover any case, and that no unusdal sick. ness prevailed.
numbers
same to trial, he pressed the charge against me borrowed money from his own brother. The if the inhabitants were $10
and said I had a gun. I did not know the way where I was going and did nothing.
His Lordship After a long and patient hear ng the jury have unanimously found you guilty of murder. They have also unmonly found you guilty of shooting at a Chinaman with in- tent to murder and shooting to prevent a lawful arrest. If auch desperadons were to be permitted
money Ng Pak To had loaned was unsecured. Witness had also borrowed from Mr. Musso and from the Bank. The slight difference between what Mr. Musso claimed and what witness re- turned as the claim in his statment was pro bably due to interest. He did not know what was the reason of the difference between the of the China Mail for 325.and the amounË
In the meantime I called on several native doctors in different parts of the town, and