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July 2, 1896.]
In
SUPREME COURT.
23rd June.
CRIMINAL SESSIONS:
BEFORE HIS HONOUR DR. CAREİNGTON (CHIEF JUSTICE.)
CHINA OVERLAND TRADE REPORT. Peninsula, &c. The establishment of the British sea power in these waters, however, soon proved the destruction of piracy, British gunboats making it so warm for these freebooters that in the end they prac- tically disappeared, or became merged in the population pursuing lawful avocations afloat. That the old freebooting spirit still survives among many who are now appar- ently peaceful traders and fishermen we occasionally get startling proofs in some un- expected and daring act of piracy on the high The hearing was resumed of the charge of seas or along the coast. But the Cantonese murder against Tung Foong. have to a large extent redeemed their cha-neral), instructed by Mr. A. B. Johnson (Crown Hon. H. E. Pollock (Acting Attorney-Ge- Solicitor), prosecuted, and Mr. E. Robinson (instructed by Mr. H. Holmes) defended, the prisoner.
KE
THE CHARGE OF MURDER: SENTENCE OF
DEATH.
The gentlemen composing the special jury were-Messrs. R. M. Moses, E. H. Melbye, W. Poate, W. Danby, F. G. Collins, A. J. David, and R. G. Shewan.
Further witnesses were called for the pro- secution and when the case for the Crown
was closed the prisoner was asked if he wished to make a statement.
-
were.
not of much practical consequence, for the time being at all events, but it is conceiv- able that disputes might arise from the phraseology used, and as a matter of prin- ciple it is at all times desirable that public rights should be protected in the fullest manner possible. It is true the ground can best be utilised for the general benefit by ap- portioning it out between the different Clubs, and while the respective areas are in actual use by the Clubs the rights of the general public may be regarded as in suspense, but the exclusion of the public from the said areas when not in actual use is unwarrant- able and, we think, cannot have been in-racter from the charge of lawlessness during tended. Article 6 declares, as in the pre- the past twenty years and they certainly vious Regulations, that "the permission to will not compare in this respect with the "use any portion of the said Recreation account recently given of the natives of Ground, or the expenditure of any money Chihli. Since the vigorous hands of LI 'thereon, shall not confer upon any Club HUNG-CHANG dropped the reins of power as or other body the exclusive right to the Viceroy, things have gone to leeward in use of the ground allotted to it," but in
sonic respects at Tientsin. Notably is this view of the proviso in article 4 that does not the case in the control of rowdies. The local amount to a saving of the public rights, but paper, alluding to this circumstance, says means only that any particular area that under the present régime "organised Prisoner said I was on my way back from .may be taken from the Club in posses- bands of thieves are rampant everywhere, Chak Ya Chung and when I was near No. 3, sion and be otherwise apportioned.
"and those who are aware of the difficulties Police Station I heard the report of a practice there is no fear of the public ever "that the trade of the port is encountering firearm and I saw some men running. I doj interfering with any game in progress, nor,
I. ran not know how many there through the depredations of thieves
back and went into a lane where the new on the other hand, would the Clubs almost despair of carrying on business at
houses are. There were two other men run desire to place any limitations on the all. At the Bar the Customs are unable toning in the same lane, but they were ahead rights of pedestrians over ground not in keep. a staff at present; and the conse- actual use, but nevertheless we think it is quence is that each steamer is surrounded to be regretted that a formal limitation of by fishing boats, packed with thieves; the rights of the public should have been under the pretence of taking passengers, introduced into the Regulations. Passing the robbing of cargo begins. At Tong on to the remaining articles we find that ku the thieves are still bolder, and article 7 provides that on application to the "terrorize coolies, crews of steamers and Governor through the Colonial Secretary,
lighters. At Pai-tang-kao the wholesale notwithstanding the apportionment afore
robbery baffles description. One steamer said the whole of the said portions of the
"the other day had her saloon furni- "Recreation Ground or any part there- ture marched off; including a good clock "of may be used for any purpose other "ruthlessly torn from its fixings; another "than as provided by these Regulations."
"vessel lost the Chinese saloon dining table; Articles 8 and 9 refer to matters of detail "while ropes, brass, and bags of cargo walk and their provisions are substantially the
off hourly."
This is a condition of affairs same as were embodied in the old Regula- which at no time prevailed at Canton, tions. Article 10 prohibits riding on the and it is most disgraceful that it should be Recreation Ground except for polo and in permitted at Tientsin for a single day. If military exercises, and so removes a doubt the provincial authorities cannot preserve that previously existed and which on two order at Tientsin and along the Peiho, the occasions led to Police Court proceedings. Treaty Powers should police both river and Another important alteration is effected by ports by their gunboats and give short an omission. The old Regulations provided shrift to these marauders. A very few that "No portion of the said grounds shall examples of the rubbers being hoisted to "be allotted to any Club or other body for the yard arm would suffice to read a whole
use on Sundays." In the present Regu- some lesson to the population. lations that article is not included. In the attached schedule we do not find that any areas have actually been allotted for Sun- days, but there is now no legal obstacle to any Club that desires to play on that day obtaining the necessary facilities.
"f
71
SHIP THIEVES ON THE CHINA- COAST.
"
65
C
t
((
[C
!
A NEW POST OFFICE REQUIRED.
re-
The Chamber of Commerce has called the attention of the Government to the necessity which exists for a new and larger Post Office, the present building being very inadequate to the requirements and leading to loss of time in the handling of the mails. It is to be hoped the Chamber's presentation may have some effect in The Cantonese are generally credited with accelerating the provision of improved being among the most rowdy and turbulent accommodation. The Government has form- of the peoples inhabiting the Eighteen Pro- ally recognised the inadequacy the pre- vinces of the Chinese Empire; and there sent building and a new Post Office is, is no doubt that they are as restless as we understand, included in the general and as impatient of control as any of the scheme of the new Public Offices to be Chinese races, not even excepting the fiery erected on the Reclamation near the Queen's Hunanese. They will, as a rule, stand less Statue. The only question remaining, there from the mandarins than the natives of fore, is as to how and when effect is to be other provinces, and when the squeezes are given to the intentions already arrived at. made too burdensome they are quick to We believe it has been decided, subject revolt. This is well known, and care has to the approval of the Secretary of State, to be exercised by the Viceroy and his satel that competitive designs for the new build- lites not to add the lost straw that will suf-ings shall be invited, and when Mr. CHAM- fice to break down their endurance. Time BERLAIN's answer is received it is to be was, too, when the Two Kwang were the hoped there will be no further loss of time, chosen haunts of pirates, who were a terror Everyone must admit that the present Post in all the southern seas from Amoy to Java, Office is, as regards accommodation and ap- including the Philippines, Borneo, Malay pearance, a discredit to the colony.
of me. Then I heard the report of a firearm and a bullet hit me. I continued to run a few more paces, then I ran into a new house in which I found a few bricklayers were living; When I I do not know how many of them. ran into this house I called out "Save life," Ten minutes after I saw an English police constable. I continued to call out “ Save life and the police constable fired at me and the ballet hit me. The policeman searched me and found nothing on me. I felt pain and do not know what took place afterwards. I have noth- ing further to say.
"
After the adjournment Mr. Robinson ad- dressed the jury for the defence. He said he could not better begin the task which had been given him by the Court than by asking the jury to dismiss from their minds any pre- conceived ideas which they might have formed and to remember that the prisoner at the bar was a poor, ignorant coolie who had pleaded not guilty and who therefore had the right of the jury's most diligent attention to the details of this difficult case.
Counsel wished
to point out the weakness, the liabilities to error, which were more or less hidden in the case for the prosecution. The prisoner had made a statement and if that statement contained the gist of the matter the jury would have no hesitation in finding the prisoner not guilty. The view of the prisoner obtained by the constable was really not sufficient for the purpose of identification. Who were the two men who ran, as the prisoner said, in front of him down the lane? One of them was 'the murderer and he might have thrown the re- volver into the house where the prisoner was found. If the weapon had belonged to such a desperado as it was alleged the would he not have used prisoner was, favour of the prisoner was that although a sum it on the constable ? Another point in of $60 was taken from the crockery shop only $1.30 was found upon the prisoner. Counsel concluded by asking the jury to acquit the prisoner.
The Acting Attorney-General reviewed the case for the Crown and in answer to the learned counsel for the defence pointed out that the therefore he would not have any.in his passes- prisoner himself did not take the money and sion. The jury had to remember that only one man in the four had a revolver. That man was wearing a blue coat, and when the prisoner was arrested he was wearing a blue coat and a revolver was found immediately at his feet. It was not at all likely that someone else had thrown the weapon there. Counsel submitted that the that the prisoner had committed the murder Crown had proved beyond all reasonable doubt and if the jury believed that they must return a verdict of guilty.