February 19, 1896.]
Witness-A military defence.
Mr. Deacon-You know the hill side; would you call that a field work in your military tochnical language ?
Witness-There is no work there at all. Mr. Deacon-That is what I wanted to know. I believe the road is entirely open with the exception of the notices.
Witness-Yes.
Mr. Deacon-Nothing to stop anybody? Witness-Nothing, only the notice board. Mr. Deacon-The section of the act says *No person shall enter any barrier, field work, or fortification." Do you say the hillside was a field work?
Witness-Yes,
Mr. Deacon Why?
Witness Because there is a bridge over a gully or nullah.
Mr. Deacon-But that is not of necessity a field work.
Witness-Yes, it is part of the defence. Mr. Descon-It is a pathway? Witness-Yes, it's a bridge.
Mr. Deacon-But if the bridge wasn't there you would have to jump over the nullah. Why call that a field work ?.
Witness-Because it is part of the fortifica-
tions.
Mr. Deacon-(To his Worship)-Of course we were there, your Worship, and I am going to tell you why presently. (To Witness). You would call this a field work simply because the bridge is there?
Witness-The bridge is part of the fortifica.
tions.
Mr. Deacon-Would you call the junction of the roads a field work
Witness-No, I would not.
Inspector Butlin-I am in charge of the Kowloon Police District. About 12.20 p.m. on the 16th inst. defendants were brought to the Yaumati Station and charged with trespassing on the field works at Hongham. I ordered them to be searched. On the second defendant was found a pair of field glasses; on the third defendant this pocket book containing two sketches. One sketch is marked "Lyemoon;" the other bears no name. I told them they would be charged with sketching and being in posses- sion of sketching materials.
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CHINA OVERLAND TRADE REPORT.
Mr. Michaelsen-There is no objection at all, Hon. Commander Hastings-As Mr. Deacon admits the defendants were in the field work I
don't ask for a remand.
His Worship-Yes, he admits. Have yon any more evidence to call?
Hon. Commander Hastings-I would like to prove what this sketch is.
Mr. Deacon-I think I will admit any thing if you will give it to me.
Ilis Worship We want you to admit what that is a sketch of.
Mr. Deacon--I should like to see it if I might. The sketch was handed to Mr. Deacon who said That is Lyemoon.
His Worship The forts ? Mr. Deacon-Yes.
Hon. Commander Hastings-And the eleva- tion; how did they get that?
This sketch was handed to the defendants who, through Mr. Michaelsen, said the sketch was the bearings taken by the sun.
Hon. Commander Hastings-Defendants ad- mit they are sketches of the Lyemoon forts.
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came to the junction of the roads already alluded to, and there they saw a notice just on the left. Seeing that they went no further, and they turned back. They took the road to the right, as to which there is no notice. Then they went along till rounding the field they saw a fort right at the head of them, and of course they knew they had no right to go there. Still wishing to get a good view of the harbour they -went up on the hill side and, with the aid of opera glasses, looked everywhere all round as the witness Khan said. One used the glasses; the other two did not. Then they thought they would like to go back and look at the docks, and they went into the roadway where they met the sentinel to whom they gave their names, &c These sketches are of course sketches of Hongkong; we admit that at once. I emphati cally say, and say emphatically instructed by these three officers, that the sketches were made on board the Russian ship as she was coming into the harbour on the afternoon of the 10th inst.-just as the Vladimir Monomach was coming down the harbour. They were not made 01 shore, nor is there the slight- est evidence to show they were. The witnesses themselves do not speak to any act whatever of sketching, and they did not sketch.
Mr. Deacon- Yes, that is a sketch of the Lyemoon forts. As a matter of fact these sketches were taken op board the man of war as she came down the harbour. That I admit at once freely. They were not taken on shore-any of them. That one is Lremooning entering on the left, as you will find.
Sergeant McNab was then called and said— I-am in charge of Stanley Station.
Hon. Commander Hastings-Hare you seen the defendants before?
Witness-Yes.
His Worship-They were there with sketch-
materials.
Mr. Deacon-I do not say they were not. Sub-section 5 says-
His Worship-“With the intention."
Mr. Deacon-Precisely, with the intention; that is the very thing. Technically I say there is no evidence proved-certainly there is no intention proved, and not one of the witnesses says that the gentlemen in question were sketch- ing, because they were not sketching, and there- Hon. Commander Hastings-What were they fore all they could possibly be charged with doing?
was an offence against section 3..
Hon. Commander Hastings-When? Witness-Abont 1.15 p.ni. on the 15th iust. Hon. Commander Hastings-Where?| Witness-At Stanley.
Witness They came on horseback and passed the station.
Hon. Commander Hastings-What had they with them?
Witness-They rode towards the old military ground and came back again, They asked me if they could sit down and have sonie chow. I asked them to sit down in the station. They had a coolie with them carrying some food. They This concluded the evidence, and Hón. Com-sat down in the station for about twenty mander Hastings asked for a remand in order minutes. The second defendant had a map in to prove what a field work is.
his pocket. He asked me to show him the direction on the map to Wongmakok They asked me if they could go there on horseback. I told them they could not as the road was bad. They then went away along Aberdeen Road.
Hon. Commander Hastings-That shows a laudable desire for knowledge.
Mr. Deacon-I certainly oppose very strongly any remand. The police have had ample time, I submit, to get everything together, and the ship wants to go away this afternoon.
Hon. Commander Hastings-I should like to say there has not been ample time, but I wrote to the General's A. D. C. only last night, and he arrived here at 10.30 this morning.
Mr. Deacon-I do not wish to take the slightest technical objection here.
His Worship-How long, will it be necessary to remand the case for? I will take it at two o'clock this afternoon if you like.
Mr. Deacon-I do not know whether this evidence is simply to prove what a field work is? His Worship Is that so, Captain Hastings? Hon. Commander Hastings-Yes, to prove this is a field work.
Mr. Deacon-If that is all, I'll technically admit it at once.
Hon. Commander Hastings All the docu- ments here are in Russian, with the exception of one sketch, and we can make neither top nor tail of that. There are a lot of printed things and manuscript.
Mr. Deacon-Defendants say they are all private documents.
Hon. Commander Hastings-Oh, of course, all private documents!
Mr. Deacon-You can have them trauslated. Hon. Commander Hastings-That is our difficulty as there is no one to translate them.
Mr. Deacon-Mr. Michaelsen will translate them.
Mr. Michaelsen-No, I cannot. Mr. Deacon--If your Worship wishes to have them translated there is somebody in Court who
can translate them.
Hon. Commander Hastings-Oh, I don't think its necessary.
Mr. Deacon--But we prefer you to have the whole thing out.
Mr. Deacon-It shows a laudable desire for horse-back riding.
Hon. Commander Hastings-Well, it would not be allowed in Vladivostock or Siberia.
Mr. Deacon-This is hot Vladivostock or Siberia; we are enlightened here.
The case for the prosecution was now com- pleted, and for the defence Mr. Deacon said- What I was going to say at the commencement I place before your Worship now. As you see I in no way question our being there, so if your Worship thinks this is a field work, I'll admit it at once. We were undoubtedly there. The truth about this thing is that these three gentle men yesterday morning wanted to go for a walk; they wanted to go on shore to stretch their legs, and they took the direction of Kowloon and walked along the new road there towards the docks. Of course your Worship understands I am making this defence strictly instructed by these three gentlemen, and on their words of honour as Russian officers and gentlemen. I do not intend to call the slightest evidence, and I am going to put the case exactly as it happened, and if your Worship thinks we have offended, then we have offended, and we shall have
to
pay the penalty, whatever it may be. As I was saying, these gentlemen were walking towards the docks. When they got to the village they saw a road going towards the hill, and it struck them that they would go up the hill and admire the view, just as many people have done before, and as I have no doubt your Worship has often done, and as I have done; and as no doubt Captain Hastings has done. They did not see any notice at the foot of the hill; they saw no notice there whatever.. They went up till they
His Worship-The sketches were in 8 book, and that they were there for the purpose of sketching is pretty well proved by the fact that they were there with this book which has sketches in itt
Mr. Deacon-I do not see of necessity that that is the case. Because they have this book in their possession does not prove they were there with the intention of sketching.
His Worship-Not in itself, but this book has already sketches in it.
Mr. Deacon-I am showing how those sketches were made on their word as officers and gentlemen. They were made as the ship was coming down the harbour. With regard
to the book itself I wish to point out that it is similar to a book which, I am instructed, every Russian officer carries. It is a little memorandum book used for all sorts of things-entering calculations perhaps of their doings, and any- thing that strikes them, and also for making sketches as stated; but I submit they may on board their own Russian man-of-war and under their own Russian flag make sketches of any. thing. It cannot surely be alleged that, when on board the Russian Emperor's cruisers, they must not make sketches as they go along.
His Worship-No.
Mr, Deacon-I do not raise a technical point in the case.
If you
think this was a field work which I very much question, and certainly one of the witnesses said it was not, but I do not take that point. I simply wish to explain how it all happened. Maybe in legal phraseo- logy we were doing wrong, but immediately we saw the fort we turned back and went po further than to simply get a view. That is the whole story of the thing. I present that state- ment on behalf of these gentlemen. As Russian officers they give the Court their word of honour that what I have stated is correct. With these remarks I leave the case entirely in your hands. His Worship-You do not object to both these charges being under the same-
Mr. Deacon-No, sir, I object to nothing whatever. I have told your Worship the facts, and if you think we ought to be punished then we will pay, but I have told your Worship the true facts of the case.
His Worship-I impose a fine of $50 on each of the defendants.
Hon. Commander Hastings-Can the sketches be handed over to the military authorities ?
His Worship-Yes.