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the particular entries in that book referring to the defendant?
Witness One entry is merely a repetition of the other.
Mr. Francis-How many entries are there altogether P-I know there are two. The first entry is "No. 12, $1.10."
Defendant Your Worship, is Mr. May a legal translator?
His Worship-He is on his oath, Witness (continuing)-" Paid to Cheng On." No. 2 entry is-" No. 12, 81 paid to Cheng On.” Three characters representing "Paid to Cheng On" are struck out. They are not illegible but simply crossed out, and underneath is put "Entered in Kum's account."
THE HONGKONG WEEKLY PRESS AND
Is an Inspector allowed by the rules of the Force to take out a warrant in another Inspec- tor's district P-He is not allowed to take out a warrant at all without permission.
Is there an order prohibiting an Inspector taking out a warrant in another Inspector's dis trict P-There is no such order.
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Are you quite sure?-To the best of my know- ledge no such order has been issued.by me and I do not remember reading such an order. I will read my order relating to gambling.
'Gambling in the Central District. Inspector | Witchell will take charge from Central Market to Kowshing Theatre below Queen's Road Central. Inspector so and so takes charge of No. 2 section. Inspector so and so takes charge of No. 3 section, etc. Inspector Stanton will assist the above Inspectors in the suppres- sion of gambling That order is dated 12th Are there any entries in the book which alter May. 1893. That was three months after I or modify the effect of those entries ?-No. took charge of the Force. That order has re-
Is it important for the administration of jus-mained in force since. tice that the other entries in the book should not be disclosed ?-It is most essential.
Mr. Francis-Are there any other characters in the book in any way referring to the defen- dant except those two ?-No.
His Worship-These questions are being put on the demand made by the defendant that he should see the book in its entirety ?
Mr. Francis-Yes. My application is that the other entries, which do not affect the de. fendant in any way, shall be covered up in such a way that neither he nor anyone else will have an opportunity of seeing what they are. Mr. May has sworn that it is essential for the ad- ministration of justice that those entries should not be seen, and I shall ask your Worship, after the book has been marked and the parti- cular entries translated, to order it to remain in Mr. May's enstody.
His Worship-The witness has stated that there are no other entries that refer directly or indirectly to the defendant, that there are no entries which in any way affect his position. and that it is most essential in the interests of justice that the book should not be———
Defendant-Your Worship, it appears to me that this book has been tampered with already by the admission of the Captain Superintendent of Police himself in court. He says the entry "Paid to Cheng On" has been erased and an- other substituted.
Mr. Francis (to witness)--Was that erasure made when yon seized the book ?
Witness-Yes.
Defendant-The book will be put in ?
His Worship-Yes, and you can see the entries, but as a very good reason has beeu given why the whole of the entries should not be put in I am inclined to limit-
Defendant-Your Worship, there is more than one No. 12 in Hongkong.
His Worship-Certainly. I am not going into the question as to how the entries affect you. What the prosecntion rely upon, so far as this book is concerned, are those two entries. I limit the production of the book to the two entries the Captain Superintendent of Police has read out, and I will take any steps that are wanted to keep the book undisclosed.
Mr. Francis-I ask your Worship for these translations to be made by Mr. Brewin, who is a sworn translator, and not by any other translator.
The Magistrate--I have no objection to that. Witness--I understand, your Worship, hat you will return this book to my custody.
His Worship-I shall return the book to your custody. Only these two entries are in the custody of the Court and they will remain so. I shall hand the book over to the constable in charge of the case.
His Worship and Mr. Francis here had a private consultation at the request of his Wor- ship.
Defendant-Are these two entries you have found in your seizure at No. 3, East Street the whole of the entries in connection with me?
Witness--Yes.
The first entry is $1.10 and the second one, $1P-Yes.
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I think in the Police regulations you will find that no Inspector is allowed to take out a gambling warrant except in his own district? There is no reference in the Police regulations to these gambling districts. That order is a departmental arrangement made by myself.
Then there is not an order to the effect that no Inspector is allowed to take out a warrant in another Inspector's district P-Not to my know. ledge.
Regarding No. 2, Wa Lane, have you visited that house No.
You have not seen the house P-I have seen the house, but I have not been inside.
Can you describe the entrance to it--where the entrance is ?-I am not sure how the lane is numbered. I think it is at the Lower Lascar Row end.
My reason for asking this is that I under stand a charge was brought against the master for gambling at No. 2, Wa Lane-My answer is I am not quite sure at which end of the lane the entrance is, whether it is at the Hollywood Rond end or the Lascar Row end. I rather think it is at the Hollywood Road end. There is nothing particular about the entrance.
You say 81 a day has been paid ?—Yes. But is there only one entry of that amount being paid.
Mr. Francis-That is a matter for argument and not a question.
This concluded the cross-examination of the witness.
The witness's evidence was then read over to him. The notes of His Worship made the witness say that the other entries in the book did not refer directly or indirectly to the de- fendant.
Witness-I did not sayindirectly." His Worship-I am inclined to think you said it.
Witness-Well, it is not material.
After the whole of the evidence had been read
witness said he wished the word "indirectly
struck out.
Defendant-Then how about the other on- tries? The witness suggested before that they did not apply directly or indirectly; now it is altered to directly.
His Worship-I think you are entitled to further question the witness on that point.
Mr. Francis-The next statement of the witness, I think, gets over the apparent diffi- culty; it completely covers the same point. He said "These are the only entries I find that relate to him in particular."
Witness-To the best of my knowledge and belief I did not say indirectly." If your Worship thinks you can trust your memory so far I will leave the word in.
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His Worship-My memory consists of taking the words down as they were spoken.
Mr. Francis--The probability is that I put the question in that form.
Witness-I am prepared to say there is nothing in the list except those two entries that could implicate the Inspector in any way.
Defendant-Do those two entries refer to a
And entered in Kum's account ?—Yes. Are you quite sure I am known to the Chi-daily account? ness as No. 12 P-Yes.
Could you state what days intervened be- tween the warrants that were obtained for Kwai Wa Lane ?--29th October, 4th November, 10th November, and 24th November.
Each gambling district is defined and one Inspector put in charge of each district?—Yes.
Witness-They do.
What is there in that book that causes you to think it refers to a daily account ?—I know from my examination of other account books that it is a daily account.
Defendant I should like those oth acercount! books pat in. Can that be done?
[July 21, 1897.
Mr. Francis-Is there anything in that book that has been put in, beyond these two entries, that shows they are periodical payments, or do they simply appear as two entries without date or any indication of how, when, or where they were made?
Witness-In this book-
There are simply two entries P-Yes. As payments P-In this book there are simply these two entries.
Defendant-That does not refer to any other book ?-No; it refers to no other book.
And no other books refer to that ?—No. His Worship-Are you able to let me see those other account booka ?
Witness-I say there is nothing in those other account books which directly refers to this account book.
Mr. Francis-You mean to say you have in- ferred from what you have seen that they are daily payments. You do not know as a fact ?
Witness-I infer that.
What you have done is to state as a fact that you know they relate to a daily account. "I know this from the other account books."-Yes. His Worship-I think the defendant ought to see those other account books.
Witness--I see no objection as long as the books are returned to my custody.
Are you able to produce the books that led you to that inference P-I can produce them.
Witness then went to his office and after an absence of a few minutes he returned and said I find, your Worship, that the production of any other book will not carry my evidence any further as to that being a daily account. I say that to the best of my knowledge and belief it is a daily account.
His Worship--You do not know it from an examination of the other account books P-I say to the best of my knowledge and belief it is a daily account, but will not swear it is a daily account.
Defendant-From what facts have you derived that opinion?
Mr. Francis-I do not think, your Worship, that is a question the defendant is entitled to ask. I am afraid that later he will have informa. tion on that point.
His Worship-I think the defendant is entitled to ask from what sources the witness derived his opinion.
Defendant-I do not wish to press the question.
His Worship-As the case proceeds you will understand more, probably,
سال
Defendant-How long after your arrival in the colony did you receive information about the gambling houses in Wa Lane ?
Witness--Immediately after my arrival.
Did that information say how long gambling had been carried on there P-I do not think so. On what date were those entries made in the book? They are not dated.
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To the best of your knowledge when did gambling cease in Kwai Wa Lane. How long after your arrival in the colony ?-Gambling ceased during the remainder of the month of October. Then it began again. To the best of my knowledge and belief it went on until I raided the place.
I am speaking about Kwai Wa Lane.-All I can say about Kwai Wa Lane is that after the end of November I received no more complaints about gambling in that lane.
Mr. Francis-I have one question, your Worship. Does Rule 73 apply to the Lospector' whom you have put in charge of these different sections for the purpose of suppressing gam- bling? Have they a right to send a man into a house for the purpose of finding out if gambling is going on -Yes. The rule does not apply to those Inspectors.
Each Inspector has a complete right to take whatever steps he thinks necessary to suppress gambling in his district ?That is so.
His Worship-Has that been the practice in the Police Force ?-The prohibition against entering these gambling houses applies to constables only.
مجھے
That has been the practice ?-Yes. Defendant-That is how yon construe the regulation. Will you kindly look at it from a common sense point of view.
His Worship here read the regulation. Defendant-That rule affects the whole Force, from the Captain Superintendent down- wards.