June 24, 1896.]
On the 5th June last the accused was given | four $500 notes to pay into a Chinese bank in Queen's Road Central. He went into the shop and after placing the paying-in book on the counter he put his hand in his pocket, but with- drew it without taking anything out. He then snatched up the book, and ran away saying he would return later on. He did not return and he told the prosecutors' accountant that he had dropped the notes in the street. The Acting Attorney-General said the jury would doubt- less weigh the facts carefully and if there was a doubt of course it was only right that the pri- soner should have the benefit of it.
The jury unanimously returned a verdict of not guilty and the prisoner was discharged,
19th June.
ACQUITTED.
Chin Mak, Chon Ping Nam, and Kwong Yee were charged with bringing into the co- lony a girl named Heung Sang Kwai for the purpose of pledging her for the purpose of prostitution.
The jury was composed of the following Messrs. Schullenbock, J. W. Osborne, L. C. do Rozario, D. K. Griffiths, D. H. Silas, R. H. Heard, J. M. da Rocha.
Hon. H. E. Pollock (Acting Attorney-Ge- neral), instructed by Mr. A. B. Johnson (Crown Solicitor), prosecuted, and Mr. E. Robinson (instructed by Mr. Holmes) defended.
The Acting Attorney-General, in explaining the facts of the case, said the circumstances were rather peculiar. The defendants, the Crown contended, formed their design in Ko Chow, a town in the south of China, not very far from Hoihow. Some few months ago a Chinaman died in Ko Chow. The first defend ant was his wife and the second defendant his son. As was often the custom amongst the Chinese they were very anxious for a proper funeral ceremony to be performed, but unfor; tunately the family was & poor one, and in order to pay the funeral expenses they had to borrow money from the third defendant. It was then arranged, it was alleged, that the second defendant's wife, who had been married four years, shld be brought to Hongkong and sold as a prostitute, the proceeds to go towards paying off the honey advanced by the third defendant for the funeral expenses. The girl was brought to this colony and, according to the evidence for the prosecution, an attempt was made to sell her, but the brothel keeper had not sufficient money and before the trans- action could be completed the police heard of the affair and arrested the defendants.
CHINA OVERLAND TRADE REPORT.
appeared in two other cases he asked that those two cases should be allowed to remain over.
His Lordship consented and adjourned the Court until ten o'clock on Monday morning.
22nd June.
THE CHARGE OF MURDER.
District Watchman Lan Fai, No. 38.
Tong Foong was charged with the murder of
Hon. H. E. Pollock (Acting Attorney. General), instructed by Mr. A. B. Johnson (Crown Solicitor), appeared for the prosecu- Holmes) defended by request of the Court. tion, and Mr. E. Robinson (instructed by Mr.
The prisoner pleaded not guilty.
The following gentlemen were sworn on the special jury-Messrs. R. M. Moses, P. E. H. Melbye, W. Poate, W. Danby, F, G. Collins, A. J. David, and R. Shewan.
The Acting Attorney-General said the facts of the case were as follows:-A little after ten o'clock on the evening of the 2nd May a man named Lau Tan, a shopman in the Kwong Wo crockery shop, 20, Cross Street, Wanchai, was sitting behind the counter in the shop on the ground floor when four Chinamen entered. One of the men was dressed in a blue jacket and he The shopman had no time to comply with the asked the shopman to show him a pair of clogs. request, as the man in blue and another man caught hold of him and dragged him into the kitchen at the back of the shop. The man in blue pointed a revolver at him and the two men then tied him by his queue to the ladder in the kitchen and kept guard over him for about twenty minutes, while the other two men, whom he could not see, remained in the shop. When the men left the shop the shopman went round the back to No. 18 and on getting into the street saw the men running away. He could not keep
up
the chase and went to the police station and then to his shop, when he found that $50 or $60 had been stolen, some of the money having been taken from out of the till and some out of the money chest, the lid of which had been prized open. It was important to note that of the four men only one was seen with a revolver, and that man was the one in the blue jacket, and when prisoner was arrested he was wearing a blue jacket. When chase was given to the men P.C. Hoggarth was in Wanchai Road, at the north end of Cross Street, and he heard the shouting and saw Chinamen running out of Cross Street and turning down south towards Queen's Road. Hoggarth gave chase and the men, finding they were hotly pursued, turned off into a small lane at the north end of Wan- chai Market, a lane called Ching Kai Lane, They then turned down Albany Street into Queen's Road, Hoggarth pursuing the whole time. He saw two men running up Queen's Road and caught hold of the prisoner, who was leading. District Watchman 38 was standing close by and the constable handed the prisoner over into the custody of the watchman and went in pursuit of the other man. Hoggarth had gone about fifty yards when he heard the report of a His Lordship said he would not express any pistol and as he turned round he saw a flash and opinion on the point, as he would like to have a heard a second report, when the watchman 38 talk with the Acting Attorney-General first. fell backwards. The constable at once returned He did not think there was anything objection-in pursuit of the prisoner and followed him able in the form, but it would have to be very carefully administered. Further he did not wish to express an opinion until he had thought about the subject.
Evidence was then called, when the Chinese interpreter employed at the Central Station produced statements made by the prisoners, who had been cautioned in the usual way. Mr. Robinson asked his Lordship's view of the practice. Counsel objected to it on the ground that it was inexpedient; it was in the form of an invitation, but had the authority of a command.
Mr. Robinson contended there was no evi- dence to show that the defendants formed their design either at Ko Chow or on the way to Hongkong and therefore the charge must fall to the ground.
His Lordship told the jury that they must be satisfied that the defendants at the time of bringing the girl had the intent of pledging her for the purposes of prostitution.
The jury unanimously found a verdict of not guilty and the defendants were discharged. The Acting Attorney-General intimated that there was another indictment against the accused, but he did not intend to proceed with it. A nolle prosequi was accordingly entered.
THE MURDER CASE.
Mr. Robinson said he had not yet had an opportunity of seeing the depositions in the murder case, as they were not finished until that afternoon. He had been honoured by the Court with the defence of the accused and as he also
down Queen's Road. When opposite No. 3 Police Station the prisoner fired a shot, which took effect upon Chinese constable 223 and injured him in the right thigh. The prisoner then turned out of the Queen's Road and went down a small lane running parallel with Albany Street. where there were some small houses in course of erection. Just as he turned into that lane Hoggarth fired at him with his revolver and apparently the shot took effect, as the constable gained rapidly on the prisoner, who entered an empty house upon the right in the lane, and Hoggarth then fired a second shot. Prisoner ran through the house at the back, but a feuce barred his way. As he was trying to get over it the injured Chinese constable saw him and he turned back into a house and staggered over some wood. He was just going out of the doorway into the lane when Hoggarth fired a third shot at him and the prisoner then dropped and crawled into an adjoining house, where he was arrested. There were bullet wounds in his feet and a five- chambered revolved was lying near him. Three of the chambers had been emptied; the
517
other two were loaded. The prisoner and the Chinese constable were then taken to the hospital, where they were detained many days.
Witnesses were called in support of this statement. The case for the prosecution had not closed when the Court adjourned.
بار
· HONGKONG SANITARY BOARD.
Board was held on the 18th June at the The fortnightly meeting of the Sanitary offices. Hon. F. A. Cooper (Director of Publio Works) presided, and there were also present -Dr. Atkinson (Acting Colonial Surgeon), Dr. Clark (Medical Officer of Health), Mr. H. B. Lethbridge (Acting Captain Superintendent of Police), and Mr. H. McCallum (Secretary).
MINUTES.
The minutes of the previous meeting were read and confirmed.
THE DEATH OF INSPECTOR MOFFATT. The PRESIDENT-Gentlemen, since our last meeting I regret to have to inform you that the death of Inspector Moffatt from bubonic plague has occurred, and with the consent of members I propose to suspend the standing orders in order to give the Medical Officer of Health the opportunity of moving a resolution.
The standing orders were suspended. The MEDICAL OFFICER OF HEALTH-I beg to move, sir, that this Board desires to place on record an expression of the regret with which the members have heard of the death of Inspector Galbraith Moffatt and their sympathy
¡
with his widow in her bereavement.
The PRESIDENT-I beg to second that. The resolution was passed in sympathetio
THE CLEANSING OPERATIONS—A CHINESE
silence.
PETITION.
The following petition was laid on the table:- The merchants of all the hongs in Hongkong and the other residents in the colony present a petition regarding the showing of compassion to the merchant class and the benefiting of the other classes of the community, and pray for a gracious compliance with the wishes of the peo- ple that trade may prosper.
Petitioners are merchants in Hongkong and are grateful to the Government for the kind protection which they have hitherto enjoyed. Since the year when the plague was epidemic, the Government has bestowed on its subjects the love of a father for his children. The Sanitary. Board was created with the object of removing dirt and thoroughly cleansing the colony. But suddenly in the spring of this year the plague reappeared. Although the law permitted some of those who were attacked by the disease to return to their native country for medical treatment, they would have had to report themselves for inspection, and being afraid of the inconvenience which would be caused by detention, none have ventured to report, and people have remained in a place which has proved unhealthy, and have suffered with their lives. By order of the Sanitary Board, for the purpose of cleanliness and ven- tilation, all shops have had to be whitewashed and cocklofts pulled down. This measure is without doubt most important for the pro- tection of the people and is respectfully obeyed by the petitioners, and no one would venture to set the order at defiance. But time should be allowed to enable them to remove their goods and save them from injury. The excellence of the measure and the praiseworthiness of the intention would then be evident. But the workmen employed have not been able to fulfill the good intention of the Government nor to comprehend natural feelings on the subject. It is only in the afternoon the notice is given and the very next morning they come to pull things down and to clean the premises and not enough time is allowed for the removal of goods, which are damaged by dirt, and thus rendered less valuable. In vain do all sigh on perceiving how each new law originates a new abuse, to the grave inconvenience of the mercantile class. But what is most inexplicable is that legal cocklofts in certain shops have been pulled down without regard for any one, while some which are illegal are permitted to remain. [Specific cases should be given. I am of opinion this is untrue.-H. MCCALLUM.] Peti tioners consider that such proceedings are