August 4, 1897
there. Suppose the name of the Governor is there as receiving $5, or the name of the General as receiving $3, I think the gentlemen of the jury will say, "We cannot believe that; it is so utterly impossible."
Mr. Francis-Very well, my Lord. Even the entries "Government House" so and so and “Hồ Kai” so and so can be explained. Sup pose the explanation is this, that it is simply an entry relating to a boy in employ at Govern- ment House or to a servant in the employ of Dr. Ho Kai. I submit I am entitled to get that explanation from the witness if the defence are allowed to make a point of those entries.
His Lordship-If they do make a point— Mr. Francis If they do make point of it it will be too late for me to give the explanations. His Lordship-We have no evidence that it is Dr. Ho. Kai:
Mr. Francis-Questions were asked in refer. ence to 89 and 91. I want to show that they were in receipt of bribes and that there is no rea- son why the entries should be looked upon as
absurdities.
His Lordship-It came out in evidence that they had been formerly in connection with the Central District and therefore I shall put it to the jury that they might or might not have received bribes. But we are not trying that question.
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The Attorney-General--I do not wish to throw dirt at anybody who is not here to answer, and your Lordship will notice that I have not introduced a single name, with the exception of Witobell's, as being in receipt of bribes, as all cases of that sort will give very great pain and should be investigated very care- fully. My learned friend introduced Nos. 89 and 91 with a view of showing that these per- sons were not at present in the gambling districts but that they were stationed at other places. He could only possibly do that in order to say to the jury "There are two names of men who could not be in receipt of money; therefore do not believe the evidence." He therefore put me to the rather painful task of asking whether both these men were not in charge of these gambling districts before they went to their If my present stations. I stopped there. learned friend says it is absolutely certain that it cannot be right, I say that such I shall an argument is fallacious and have to show that the men did receive bribes. If my friend in his address to the jury opens an argument of that kind and says that "this list is an absurdity because Government House is there, I shall have to give the explanation. It is possible a boy at Government Honse might be receiving the money. That sort of thing is quite common and not absurd at all. I do not want to go into the other cases in that list and try the list, as such a task would be endless and unfair.
His Lordship-I have already stated that there is no apparent and evident absurdity in this list, but we must not go into the truth or untruth of the entries, even supposing they are prima facie reasonable,
The Attorney-General-I would ask your Lordship for permission to ask one question only. In a colony like this-it is not right that any dirt should be thrown at high quarters in this matter. My friend is going to say the list is an absurdity-
Mr. Robinson-The dirt will not stick. The Attorney-General-You would not wish to imply that the Governor has accepted money?
Mr. Robinson-Oh, no.
Mr. Francis (to Witness)-There is an entry Government House" there.
Witness-That is a firm or head soldier. What does 3 mean ?--30 cents.
CHINA OVERLAND TRADE REPORT.
Mr. Robinson (cross-examining)-How long is it since you commenced making the list on this bit of paper? It looks very clean.
Witness I made entries on that piece of paper many years ago. I made the entries bit by bit as people came in for money.
How many years About three. Where did you keep the paper ?-In the drawer of a cupboard.
The colour of the ink is the same all through? The entries were copied from another piece of paper about three years ago, that piece of paper being very dirty.
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Did you know who he was P-He was an Inspector,
When Cheng on called the name No. 12 did you know which man that was ?-Yes, I knew No. 12 because in the first and second moons he went to Wa Lane and beat fokis there.
Look at the defendant. Is that the In- spector ?--Yes.
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When Cheng On called the name " No. 12" did you know it was the defendant in the dock? -Yes, I know who No. 12 was directly Cheng On told me about it because No. 12 had been to Wa Laue several times and my fokis told me about him.
There was a loss of capital this year?—Yes. There was a quarrel P—Yes. Amongst the partners ?--Yes. Do you know if one of them went to Mr. purpose of your business ?—Yes. Francis P-I do not know.
Was that memorandum made merely for the
For what purpose were these accounts kept for the purpose of showing partners how the money was made and spent ?—Yes.
And for the purpose of showing that you and your fokis were not swindling them P-There was no swindling. Here are the accounts and they could see them.
:
Between ten and twenty watchmen were em- ployed by the syndicate ?—Yes.
For the purpose of keeping a guard round the house and preventing the police from com- ing in unexpectedly ?—Yes.
His Lordship-With regard to the entry "$1.10," you told us you put "$1.10" after Cheng On told yon he wanted 10 cents P---- Cheng On mentioned something about his trouble and that he was entitled to get some- thing for his trouble.
You told us Cheng On suggested 10 cents and you agreed. He did not ask me for 10 cents; he simply mentioned that he was entitled to receive something. I did not promise to give him anything. I said I would see my
master about it.
How could you tell that Cheng On really came on behalf of No. 12P-I say this because before any payment was made No. 12 went to Wa Lane and beat the fokis, but after making the payment to Cheng On there was no more beating.
When he came to you yon agreed at once to give him $1. How do you know he really came on behalf of No. 12P-Well, I said the proof is evident because after Cheng On had been to my place there was no more beating of my fokis, and that is why I came to the conclusion that he came on behalf of No. 12.
Did you go and see No. 12 ?—No.
Why didn't you?-We carry on an illegal business and therefore we are afraid to see foreigners-Englishmen. There must be some connection in the matter, otherwise Cheng On would not have come and asked me about the matter. If Cheng On had come for himself and asked for the money I would not have given him a cent.
You have no writing from No. 12 P-No. Do any of the people whom you say receive sums of money come and receive them direct from you, or they paid throught some. body else P-The majority of them are paid indirectly.
Some of them directly ?-As far as Europeans were concerned they got their payments in directly. Some Chinese constables got their money directly and some indirectly.
These two entries are the only entries in all these books and papers referring to No. 12 P The only entries having reference to No. 12 are in this paper, and not in the account books and papers.
have another paper like this with the names and the payments to each man.
Is there not any book of daily payments or monthly payments which would show the sums paid? Any cash books ?—No, I have no entries in other books as to the daily payments. All Who got the money P-A lakong told me he the payments and names appear in this list. I was on duty in the Ping Tong hơng- A lukong got the money -Yes. Can you tell me if the entry means the Governor's residence or the General's residence? I am not able to explain, but if you send for Ho Wai Pong he will tell you all about it. (Lond Langhter.)
Like that ?-Not as full as this one, but there appear there the names of the parties to whom the money is paid and the names of those who acted as agents and so on.
And used in the course of your business ?—Yes. Were all payments you had to make entered in that book ?-All expenses I have just men. tioned were entered in that book, but profit and loss are entered in other books.
By whose orders was a name put in the list P Did you do it yourself or by order of your master P-Not by order of my master. I made it myself and in case my master called for the accounts I could show them to him.
You had his authority to put names on that list -I put all the names in this list to show my master in case he accused me of swindling him,
were
Yon had authority to put the names in the list P-Yes, because I looked after the accounts. When the raid was made were all the books seized or
some saved?-Nothing was saved; all the books and papers were taken possession of by the Police, but some other Does that list show the total daily payments papers were burned before then. to Tang Kum?-Yes.
It does not show the names of the people to whom he was to distribute the money? No, the names appear in the other book.
Is that the sort of account kept with Tung Kum ?-And the others as well.
What is the total daily payments P-$146.88. His Lordship-It is no wonder the business did not pay.
The Foreman of the jury-Does the $146.88 paid daily appear in the general account as one
sum or as so much money paid away? Witness-The daily payments of these ex- penses do not appear in the ledger, but in this bundle of papers.
How did you strike a balance P-I struck a balance by making out the accounts from these. paper's.
How did the proprietors know the amount when it is not shown in the books ?—These bills have to be produced and shown to the masters.
So you have no proper books kept for the proprietors?
Mr. Francis, by permission of his Lordship, asked a few questions in regard to the keeping of the accounts and their Lordship said it would be better if the Court interpreter examined the books.
Mr. Robinson said the Crown were not en- titled to further time in this matter. They had had the documents in their possession since June, and he submitted in a case of this sort they ought to have had every document trans- lated for the use of both parties and the Court.
His Lordship said it appeared there was very little in the books relating to the defendant, and he thought it would not be desirable to put the Crown to the trouble and expense of trans- lating those books. Of course Mr. Robinson could also have access to the books.
Mr. Robinson said his point was one of general procedure. The Crown ought to have referred To those documents before they came into court.
Mr. Francis said the books oɔuld not have
been put in as evidence for the Crown at all. Therefore the Crown had made no preparations, as they did not expect the books to be referred
to:
The Attorney-General intimated that the case for the Crown was practically finished unless the jury wished to ask more questions on the books. They had also the silk mercer in reserve to give evidence if called upon.
Did you take any part in the actual carry. Who is Ho Wai Pong --A lakong ating on of the gambling ?—No, I did not assist
The Court had now sat from 9 o'clock until in carrying on the gambling. I was stationed Government House.
at No. 3, East Street looking after the accounts. 2.10 without an adjournment, and his Lordship Did you know No. 12 yourself by sight ?—I said he had an engagement of a semi-publ knew the defendant only by sight.
nature at four o'clock. If the jury wished he Did you know who No. 12 was?—He is would resume the hearing about five o'clock if an Inspector—a detective Inspector.
it was possible to finish the case that day.
His Lordship Why o did you pay a lukong in the employ of Government House 30 cents a day ?– Because I was afraid that this Inkong might give some information to the Governor.