August 4, 1897.]
which it was at present. The primary duty of suppressing gambling was entrusted to the Captain Superintendent of Police and the In spectors of Police in their respective districts, and even they were placed under certain limita tions. Certain abuses had occurred in the past in connection with gambling houses and it was thought advisable to make as much limitation as possible. At the same time an alteration was made in the law with reference to gambling, and whereas public gambling was the only offence which had been previously recognised that is, the keeping open of houses for the purpose of public gambling-the law was altered and 80 it was no longer the keeping open of a house for public gambling which constituted the offence. The offence derived its character from the nature of the game carried on. As the law now stood all houses open to the public were subject to the law, providing there was one person who had a greater advantage than any other. Counsel then explained the way the Inspectors were delegated to various divisions, saying it was the duty of each Inspector to report gambling houses, but he could not enter them. Inspector Witchell had been attached to the No. 1 section since August, 1896. During the greater pr- tion of this year the Government and the Cap. tain Superintendent of Police were under the impression that common gaming houses in the colony had been to a very considerable extent, if not entirely, suppressed and that with the exception of what might be called the ordinary every-day gaming in coolie honses there was no public gambling in the colony. The house in East Street which was raided was not in itself a gaming house but the head-quarters of a syndic- ate. In that house the Captain Superintendent of Police found, on the 21st June, a quantity of money, a quantity of jewellery, and also almost a complete set of books showing the transactions of this gambling syndicate or partnership from the 1st January, 1896, to the present day.
CHINA OVERLAND TRADE REPORT.
As
109
stances under which the witnesses were giving their evidence would undoubtedly be pressed upon the jury in the strongest possible man- ner by the counsel for the defence, and it might be urged that Chinese evidence was at all times most unreliable and that the evidence of men of this particular class, who were themselves in- volved in this business, must be received with even greater suspicion than the ordinary Chinese evidence. Possibly it might be urged that no European should be convicted on Chinese evi- dence or evidence of this kind. But the jury had to remember that while it was their duty to give the defendant the benefit of every doubt that might reasonably arise on the evid ence or with reference to the witnesses them- selves, they also had a duty to the public and to themselves. It was the jury's duty to do their part in assisting in the administration and en. forcement of the law. Counsel asked them to
bear in mind that in such a case as this or in
Chinese detectives who remained in the colony had been banished; and a certain number of Inspectors had been suspended from duty. It became evidence, and it would be shown in evidence, that the method adopted for the cor- ruption of the police was one which rendered proof of any particular evidence extremely difficult. Those who received bribes never ap. parently brought themselves into contact with the persons who paid those bribes and in nearly every case the money passed through the bands of two persons, always Chinese, intermediate between the person who was paying and the person who was receiving. The Government had been fortunate in this case to obtain the evidence of intermediaries through whose hands the money passed. The case as far as Witchell was concerned was this. He became aware in the course of his general duties as an Inspector attached to the Central Station of the existence of the gambling house in Wa Lane. There were not at that time any gambling houses of any case of this class it would be utterly im importance in his own district. He sent for a
possible for the Government under any circum. man called Cheng On, a man who some six stances to obtain a conviction against any police years ago had been a detective in the police officer or any member of the Government service force and who was at that time and was until for accepting a bribe or acting corruptly in recently the principal excise officer under the office the evidence of Chinese and the evidence Opium Farmer. Witchell told him that when of persons acting as intermediaries in the pro- patrolling about the colony he became aware of secution was to be rejected. Chinese evidence of the existence of this particular gambling house
course always came before a jury with a certain in Wa Lane. He complained that while others amount of suspicion attached to it, and Chinese were getting money out of gambling houses he
evidence of this particular class was more sus- was getting nothing. He explained to the man picious than ordinarily. Counsel was sure that that he had a large family, that his expenses the jury would examine the evidence more care- were considerable, that he would be glad to fully, listen to it more attentively, weigh it have something, and that although this parti. more accurately, and decide ita intrinsic worth. cular house in Wa Lane was not in his district The jury had a serious and responsible duty to he knew of its existence and Mr. May would perform and they would no doubt carefully be very glad to have a report to that effect watch the witnesses and listen to their evidence from him. Cheng On would give the whole and decide whether the evidence was of itself of this conversation. the result of clear, satisfactory, and consistent. Counsel this conversation Cheng On went to the added that the witnesses had been in custody headquarters of the partnership in East from a very early date. They had been kept Street and told the man in charge what Wit- strictly apart and they had had no communica- chell had stated to him. Sam Yeen, who was tion whatever with each other. Their state- the man
seen by Cheng On, offered to payments had been taken down by the Captain His Lordship said he had taken a mental note.
Witchell $1 a day. Cheng On told this to Superintendent of Police, Mr. Dennys, and It was not usual to take a written note of Witchell, who said he was perfectly willing to counsel himself, Mr. Brewin acting counsel's opening speech.
accept the amount. This fact was communi- interpreter. Mr. Francis, continuing, said the discoverycated to Sam Yeen and from then to the time resulted in an immediate and close investigation into the circumstances which appeared to be disclosed by the books, and counsel thought the jury would be satisfied after hearing the evidence that it was abundantly clear that from at least January, 1896, to the 19th June two gambling houses, one in Wa Lane, and Cheung Hing Street, both of them being in the neighbourhood of Taipingshan, had been carrying on a very extensive business with the greatest impunity. He did not say they were carrying on a continuous business, but it was so far continuous that the houses were closed only for short periods. The jury would understand the difficulty there was in what particular houses in these two streets the gambling was carried as the partnership occupied several houses in the streets, and from time the gambling was shifted from one house to another, but it was knowu generally in what houses this shifting business was carried on. As the result of the information obtained from the books and of the inquiries which followed on that discovery it became apparent to the Government that there was a very serious amount of corruption among the police force generally, that a considerable number of these subordinate officers of the police-Enro: pean Inspectors—were habitually in receipt of bribes from these two houses, and that the whole, or nearly the whole of the Chinese
Mr. Robinson asked his Lordship to make a note of that statement.
one iu
to
say
on
to time
detective force were in the same condition.
Mr. Robinson here objected to that state- ment as it would prejudice the prisoner.
His Lordship thought that such a statement might prejudice the prisoner.
Mr. Francis said it was almost impossible to state the matter fully without making such
the gambling house was shut up on the 19th July payment at that rate was made in respect of that house. The money was not paid direct to Cheng On; it was paid day by day to a man called Tung Kum, who kept a clothier's shop close to the entrance of Wa Lane and close also to East Street, Tang Kum not only received the money for the defendant but he also received other very considerable sums of money. The money was paid by the gambling house keeper day by day in subsidiary coins to Tung Kum. Tung Kum paid every five days to Cheng On and every seven days Cheng On paid the money to the defendant. If the jury thought the evidence was satisfactory they would have clear evidence that the defendant was aware of the existence of at least one gambling house in Wa Lane, that at his request an application was made to the keeper for hush-money, that the keeper of the gambling house or the person res- ponsible for the management of affairs consented to make a payment at the rate of $1 or $1.10 a day-10 cents going to the intermediary—, that the money was paid to Tang Kum and that Tung Kum paid that particular amount to Cheng On every five days, and that Cheng On week to Inspector Witchell. made payments which he fixed at $12.60 every The witnesses were the Captain Superintendent of Police, Cheng On, Tung Kum, and Sam Yeen. Sam Yeen was the person arrested and convicted as being the keeper of the gaming house at No. 2, Wa Lane and he was now serving a term of nine months' imprisonment for the offence to which, during the case, he pleaded guilty. The jury would understand that these Chinese wit nesses were not put forward as being abso- lutely pure in their actions. Sam Yeen had been promised that if he made a clean breast of it the Government would take his case into consider.
statements. They were fairly relevant facts;ation and they held out a hope to him. Cheng facts necessary for explanation were relevant.
His Lordship thought Mr. Francis ought
not to embarrass the case.
Mr. Francis, continning, said that as the result of these discoveries three facts supervened. A certain number of Chinese detectives dis- appeared
om the colony; a certain number of
as
Hon. F. H. May, Captain Superintendent of Police, was then called and examined by the Attorney-General. He gave evidence of the system in vogue for the suppression of gam bling and detailed the work of the Inspectors. He also spoke of a letter he received some time ago. The writer offered to take him to a house in Jervois Street from which he would be able in the daytime. Witness communicated the to see gambling going on in Kwai Wa Lane contents of this letter to Inspector Witchell.
Defendant-It is gross perjury, my Lord. His Lordship told defendant not to inter- rupt. If he wished to communicate with his counsel he could do so.
Defendant-Excuse me for using such an éx- pression, my Lord.
Witness then spoke to raiding the house in East Street and finding money, jewellery, and
books of account.
Mr. Robinson demanded the production of the books.
The Attorney-General said Mr. Robinson could see the books if he wished,
Mr. Robinson applied for leave to inspect the books and his Lordship granted the applica- tion providing that an officer of the court was present during the inspection.
the
A
Witness then produced the following list of
contents of the various books ---- 1.—A list containing 35 names on one side with sums of money under them, totalling from $101.25 to $104.35; on the other 45 names with sums of money under them (those of men who received money every five days), totalling $44.13 to $45.50. Grand total, about $145.00,
2.-Contains memoranda of receipts and ex- penditure at various dates between 24th of 10th moon and 26th of Ist moon. (No year),
3.-Names of persons with sums of money under them (two dates, no month); the 1st, 7 names, $48.10; the 2nd, 9 names, $58.40.
4.-A list of 18 articles pawned (and some redeemed) between 24th of 7th moon and 4th of 8th moon. (No year). Total value, $131.00. 5. Similar in substance and arrangement to No. 1. Total of sains of money on it, $146.90
and he is subject to a banishment order at this On was arrested under a banishment warrant
moment, but hope had also been held out to him if he made a clean breast of the affair, and Tung Kum, who was also arrested, had been promised hope if he would made a clean breast of the matter. The circum' to $149:70.