July 21, 1897.]
Witness-An Inspector of Police constantly sends an informer into a gambling house to obtain information; otherwise he would not get a conviction.
Is there an order prohibiting Inspectors employing informers or sending constables into these gambling houses, and have there not been prosecutions in which Inspectors have entered these bonses and people have been killed and the Inspectors charged with maslaughter at the Supreme Court?-I do not know of any such order prohibiting Inspectors employing informers. With regard to the last part-
His Worship-That is all, Witness-There is a second question. His Worship-No, there is no second ques. tion. Sign the depositions, please.
Cheng On, who was brought up in the cus- tody of Acting Chief Inspector Mackie, was the next witness. He said-
I am Chinese an Excise Officer in the employ of the Opium Farm. I have been in that em- ploy thirteen months. Before that I was a detective in the Hongkong Police Force. I am acquainted with all or nearly all the Inspectors, and as Excise Officer I was frequently up at the Police Court. I know defendant, Inspec- tor Witchell: He is known as "No. 12" amongst the Chinese. I have paid him money. Sometimes if he was not at home I paid his wife. From the 14th of March to the 17th of June I have paid him $12,60 every week, each Monday. I got that money from Tung Kum. I always got this money from Tung Kum, who is the keeper of the Yee Yuen mercer's shop, Holly. wood Road. Before the first payment was made by me to the defendant, on 11th March, he in- vited me to his room. I went with him and conversed with him in the Inspector's quarters. Mrs. Witchell was present; she was going in and out of the room. I was speaking half in Chinese and half in English. Defendant speaks Chinese. This conversation had reference to the money payments afterwards made.
He
said, "In going round on my duty I saw a lot of people standing at the entrance to Chang Hing Lane and Wa Lane. Then I used my stick to drive them away. Then a Chinese abused me, and said 'No. 12' is proud. Then I ran after a Chinaman. That Chinaman ran up to the first floor and called me to come upstairs, waving his hand. As I had no warrant I dared not go upstairs. He wanted to dis- grace me.
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went away and a lot of people jeered at me. I do not know who taught the Chinese to treat me in this way. They think I cannot arrest them, but I can arrest them. If I arrest them, Mr. May will be very pleased with it. I have known these gambling houses for a long time. I know that some of my fokis received some money to spend, therefore I do not wish to arrest them. If I go to arrest them it will spoil the business of my fosis, which is a very foolish act to do, I do not wish to do such an act; I do not know why the Chinese treat me in this way. In my section I know a house was open for two days, and the people have petitioned to Mr. May." I asked him, "Who told you all this thing you have told me?" He said, “ An old man, Sang Yung, between fifty and sixty years of age." I told him not to have any conversation with that man now; he is not a proper man and he does not know how to speak. On one occasion there was gambling going on in Kwai Wa Lane, and defendant said "I do not know which took Mr. May up to honse in Jervois Street to look into the second floor of a house in Kwai Wa Lane where the gambling was going on. After looking at the place Mr. May came back to the office and sent some one to call me. Then Mr. May said to me, There is gambling in your place.' I replied to Mr. May, Sometimes.' Mr. May answered, 'Gambling going on just now.' Then Mr. May said Take out a paper at ouce to arrest.' He told me all this news. Then defendant asked me if I knew the "fat child." I said "Yes, I know him. He said, "When I go round on my duty this man follows me and wants to speak to me. As there were a lot of people in the street I did not wish to speak to him." Witness asked Inspector Witchell, "How do you know him " "I know him," he replied, "because he is the master in Chung Hing Street." Then Inspector Witchell said, "I do not know why the man wanted to speak to me. I think he
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CHINA OVERLAND TRADE REPORT.
wants to speak to me anot gambling in Kwai Wa Lane." I said, "If the man were to offer you anything, don't promise him." He said, "Mr. May has great power, because be had once before." I said That place arrested cannot be kept as a gambling house."
Mr. Francis-Tell me what he said about money.
**
Defendant Your Worship, will you direct the witness to tell the story in his own way?
Mr. Francis-I am entitled to examine the witness as I like.
His Worship-I think Mr. Francis's question must be put.
Then
Witness (continuing)-The defendant said "I receive not a cash from this place." defendant asked me, "Do you know those gam- bling people ?" I said, “l do." The defendant said, "I have a lot of children and the expenses are large. My money is not sufficient. Will you kindly go and see those persons to get some expenses for me." I said. "I am afraid that the people might refuse because they are not in your section.' Defendant said, "If they are in my section I won't let them keep open. As they belong to another person's section, I am not afraid. As people are eating flesh I want you to pick up some bone; I shall be obliged if you I went and saw will ask these persons for me.' Tung Kum, and A Yeen or Sam Yeen. I had a conversation with Inspector Witchell about Sam Yeen. In consequence of that conversa- tion with the Inspector, I told all I had heard to Tung Kum, who told Sam Yeen. I was there when he told Sam Yeen. Sam Yeen replied, Very little." I said, "How much." He said, *$1 a day.”
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$
A
The Magistrate-Is this evidence, Mr.Francis? Mr. Francis-Yes, your Worship, I think so. He is the authorised agent of the defendant.
Defendant-I object to that remark; it is no- thing but humbug from beginning to end.
Witness (continuing)-I told defendant what sum had been mentioned. Defendant said,
· Masker. I further told him people want 10 cents for labour; I was referring to Tung Kum. I was not referring to myself. Then defendant said, All right, I am satisfied; I will Then I said to Mr. pay him ten cents labour." Witchell. If a man is willing to give, are you willing to receive? It is not my affair." The Inspector said, "I receive." In accordance week from Tung Kum. with that arrangement, I received $12.60 a I took the money every Monday and paid it sometimes to the defendant and sometimes to his wife if he was not there. The $12.60 was from two gambling houses-one at Chung Hing Street and Wa Lane-$1 from each house a day and ten cents off for labour. I would know Sham Yeon agaiu if I saw him.
Sam Yeen, the master of the house in Wa Lane which was raided was here brought into court in custody and witness identified him.
This concluded the witness's examination and it was decided to take Mr. Brewin's evidence be fore the cross-examination was proceeded with.
Mr. A. W. Brewin, Acting Inspector of Government Schools, said I have knowledge of Chinese, both of the spoken language and the character. No. 1 entry in the book is, "No. 12, $1.10; handed to Cheng On." Entry No. 2 reads, No. 12, $1;" then there are characters siguifying, "Handed to Cheng On." These are crossed out. Then there are the characters, "Handed to Tang." I am not certain of the last character; it is abbreviated.
Cross-examined-The characters, "Handed a Cheng On," have been crossed out; there is to round mark over them.
Re-examined-I do not know whether the Chinese book-keepers or accountants make use of that mark over an entry in a day book to show that the account has been transferred to another book.
Defendant-Your Worship, I see that the Chinese witness has been taken away.
His Worship-Who has taken him away? Defendant-Inspector Mackie.
Mr. Francis-The witness has no right to leave the court.
Defendant-The prosecution have got him in their bands to do what they like with him.
His Worship-I will see that you have a fair
trial.
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The adjournment for luncheon was then taken. Defendant asked to be allowed out at liberty. He had been locked up since four o'clock the previous afternoon.
Mr. Francis intimated that there was no objection to the defendant being allowed bail. He could insist upon bail if he liked.
His Worship asked the defendant to get bail during the adjournment.
The Captain Superintendent of Police in- timated that he would make arrangements for the defendant to be at liberty during the ad- journment.
After the adjournment the defendant cross- examined the witness Cheng On.
Defendant-Are you at present an Excise Officer for the Opium Farmer ?
Witness-Yes.
Have you been arrested under a banishment warrant P-I do not know.
Have you been detained in the goal ?—Yes. since you have been in gaol you have been brought before the Captain Superintendent P— Only once.
the
Who was present at the time ?-Mr. Dennys,
solicitor.
No one else ?—No.
Is that where you made the statement you, made to the court this morning ?—Yes.
You say you remember coming to my quer ters on the 14th March last P--On the 11th March.
Was that the first time you had been there ? -That was not the first occasion.
On what date did you go there before ?—I do not remember. I went there last year.
What did you go there for last year P-I went to see you about a case in which Pang On made a false charge against three of my clansmen,
What did you have to say about that P-You told me you knew it was a false case and you said you would speak straightforwardly,
In what month was that ?—Between the 7th October and the 4th December.
Had you been to my house, or did my wife and I meet you in the street a few days pre- vious to the 11th ?—I do not remember.
Do you remember going to my quarters on the 9th P-I do not remember.
Do You seem to be very forgetful just now. you remember meeting me and my wife on the afternoon of the 9th at the corner of Welling. ton Street and Lyndhurst Terrace ?-I did not meet you and your wife.
Was anything said to yon in the street on that occasion about getting some samples of silk P- It was not in March; it was in the 4th moon-May, when something was said to me about silk.
Did you come to my house on the 11th March --I did.
Whom did you see?-You and your wife were there and the children were running about. Was anyone else there ?-A cook. There was no one else.
Where did you sit down ?---Near the fireplace in the room next to the dining room.
up
Which way did you come in ? By the back,
the steps.
You are quite sure you did not see anyone else there I did not see anyone else.
Did you bring any pieces of silk on the 11th? -I did not.
I mean samples, not pieces.-No; it was in May that took some samples.
You did not show any samples to anyone on the 11th March ?-Yon had not mentioned about buying things then.
When did you go again after the 11th P-On the 13th March, between 2 and 3 p.m.
Who asked you into the sitting room on the 11th P-You were in the sitting room and you asked me to come in..
Was anyone else there besides myself? Your wife came in afterwards.
You are sure I was in the sitting room when you came?—Yes.
I was not upstairs ?—No.
I was not called downstairs ?—No.
Be quite sure. There was no one else in the room besides myself, my wife, the children, and the cook ?-The children and the cook were not in the room.
But there was no one else there ?—No.
Did I say anything to you on the 9th March about a friend going home to England and that I wanted to send some silk with him Pin-No.