CHINA ONS

ADE BEI

HE TIGI

had

15th he

March, and ing they sgefrom sed became friendly man, and this woman, one day visited the ressed in European clothes I returned the visit on the 6th

detail.

The Attorney General At present I have not done 50.

The Attorney General then proceeded his address to the jury and related the stances of the finding of the body and the of the prisoner.

Bvidence was then giv cross-examined the serge

reter,

whom the prisoner made his confession at the police station, respecting the dialect spoken by the prisoner. The witness said the prisoner spoke the Sz Yap dialect, but he could under- stand every word said.

Inspector Stanton deposed to the first con- fession made by the prisoner,

hen he said he killed his wife with a chopper.

dabe

In answer to Mr. Francis witness said : frequently spoke the Sa Yap dialect, and he, and the prisoner quite understood each other.. Before the prisoner spoke he was duly cautioned. Witness asked him his name, who the dead women was, and when they came from San Francisco.

Mr. Francis said a police officer had no busi ness to ask a prisoner any question.

His Lordship-Mr. Stanton, remember never to put a single question on any account to

rancis here interrupted and said that General was stating matters that given in evidence at the Police eferred to in the notice which the received, respecting the new Toman who had been referred He therefore asked his Lordship. to that that notice was not sufficient justification for the Attorney General to go into details about the woman's evidence. The notice merely mentioned the name of the wit-prisoner. ness and the fact that she was also a passenger by the Rio de Janeiro and knew the name of the deceased. The notice ought to have given the defence as much substantial information as hez would have received if the woman had been called at the preliminary investigation.

The Attorney-General, in reply, said there never had been any rule or law and there was none now either in this colony or in Eng. land that the prosecution was bound to give the other side details of what would be proved by any evidence which was discovered after the in- restigation before the Magistrate was closed. On this occasion, after the preliminary inquiry before the Magistrate was closed, this woman discovered. It was considered a matter #etiquette. and propriety, but not a

of law, that notice of such evi- should be given to the other kide, and case the prosecution told the defence what evidence the woman would give. ould be perfectly idle to suppose that the prosecution was restricted to matters of which otice had been given to the other side, as

esses might be got at and questioned. His Lordship said that the Attorney-General of course referring to the woman's evidence from notes furnished after an examination of her by the solicitor, and a more correct and fairer course would have been adopted if a copy of the notes from which the Attorney-General

beaking had been supplied to the defence, Of course the Attorney-General was quite right in saying there was no absolute rule of law to thim from using evidence not given ore the Magistrate; but if the notes had been upplied to the-defence such a course would ave been feirer and more convenient; but of he (his Lordship), could not interfere he Attorney-General's discretion, but the was to furnish the substance of the

nót

witness

to the other side.

The Attorney-General replied that it was ustom of the Crown in England to the other side with everything that & When it was furnished it that the other side should not rung upon them. again informed the Attorney- would have been fairer and the other side had been bstance of the evidence. eral said there was no rule

said it was laid down in every

that he would

cannot

anerál

The Attorney-General-Does that apply to asking a prisoner his name? The police must ask a prisoner his name in order to fill up the charge sheet.

i

His Lordship-They are not bound to do that. The moment a man is under arrest do not, ask him any questions.. Of course if there is no idea of arrest that is a different matter, but the moment a man is in custody then the police must be careful not to ask questions.

At the conclusion of Inspector Stanton's examination the foreman of the jury (Mr. Mo- Conachie) asked what the witness's qualifications were in Chinese. Had he passed an examina-

tion ?

Witness-I passed the highest examination "years ago in writing, reading, and speaking.

His Lordship-Before the Board ? Witness-Yes,

trading

testin

+21

ituted an absolu

ton

in reference to a n

BIB We of 2 cente as Light the Legislative Counc harbour of Hong

3rd December the concurre

ce of His mor the circumstances of

follo

Previous to April, 1890, the impost shipping under the denomination of Light was made at the rate of 1 cent per tor meeting of the Legislative Council held 11th December, 1889, an ordinance. authorising a special addition to expenditure to be incurred in 14 cents per ton, for the purpo the erection of the Gap Rook this

Excellency, Sir Willi

8 meeting it was, howeve time the Governor additional tax would Rook Lighthouse –› Rate, ture was paid off. Ay cense when the Gap Rook circumstances under which given will be found in the letter from the General Chamber of to the Colonial Secretary at Hongkong, thé 30th July, 1896;

on

the

In that letter it is also pointed out that, in

accordance with an official return issued by the Hongkong Government, the total unt raised under this additional levy of 14 cents had exceeded the sum expended on the Gặp, Rock Lighthouse, the telegraphic cable con necting it with Hongkong, and the cost of maintenance, by upwards of $40,000,

After further evidence had been given the Committee of the Chamber of Commerce case was adjourned until next day.

22nd March.

IN ORIGINAL JURISDICTION.

BEFORE SIR JOHN CARRINGTON ·(CHIEF JUSTICE.)

case.

LI PANG AND U CHUK SAM *. YEUNG MIN SHAN. His Lordship delivered judgment in this The plaintiffs claimed $13,888.88, being the amount agreed to be paid by the defendant for services rendered to him in accordance with an agreement dated the 9th November, 1895, and made between the plain- In his answer the tiffs and the defendant. defendant, amongst other things, said that the agreement was void in law on the ground of maintenance and champerty. The case was 2nd March last. Mr. J. J. Francis, Q.C. heard on the 23rd February and the 1st and (instructed by Mr. Ewens), appeared for the plaintiffs and Mr. E. Robinson (instructed by Mr. Hastings) appeared for the defendant His Lordship entered judgment for the defen- dant with costs, holding that the agreement on which the plaintifs sued was void as amount- ing to champerty. The plaintiffs' costs on the de bene esse examination of a witness were ordered to be paid by defendant.

The report of the Tanjong Pagar Dock Com- pany for the half-year ended 31st Decemb 1896, shows that the net profit for that was $172,405, making, with the bal $76,767 brought forward after payment of dividend,” 8249,172. From this deducting 830,000 for depreciation upon you and

ises, and placing further sum with $50,000

the dial reserve nd d the

$60 67

the

hare, leaving.

their

e carried forward

the

fore, suggested that the time had arrive the Government to redeem the pledge Sir William des Vœur, and to abolish this ad- ditional tax on shipping.

It appears that, beyond the mere acknowledg ment of its receipt, no reply has been mai the Government to the letter of the Che Commerce, but on the 3rd December las came publicly known in Hongkong (thr medium of a correspondence on this which was published in the China Mai date) that His Excellency the Governor the 12th November, made a private o tion to the Unofficial Members of t tive Council to the effect that this levy, if continued, was estimated to yield the year 1897 about $65,000, withdrawn, the official estim for the year 1897 would on that amount. He, ther tinue to levy Light Dũ opinion whether it would be profe cents per ton, or

of

in the the spec

hshed, as sugg

merce.

at

the Chamber

Gom

Having regard to the dates of the letter fro the Chamber of Commerce (81st July, 1896) and of His Excellenc nication to the

vember, 1896), estimates refurre

you

Gov

Lomb

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