December 22, 1897.]
Thursday, provided the Sessions were over by that time, and the evidence could then be con- cluded and the case remaned for the hearing of arguments on the following Tuesday.
CRIMINAL SESSIONS,
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE).
THE BURD STREET ROBBERY AND MURDER.
18th December.
The Attorney-General (Hon. W. M. Good- man) said there were four cases to be tried at the Sessions, and three of them would probably be disposed of that day. It would probably be convenient to fix the murder case for Monday.
Mr. Robinson, who appears for the defence for two of the prisoners, suggested Tuesday for the trial. The depositions had not yet reached him, and he did not think there would be suffi cient time between that day and Monday to prepare his case, as there were from twenty to thirty witnesses.
His Lordship said it was rather short notice. There had been some trouble in copying the depositions, but it would be inconvenient to delay the case till Tuesday.
Mr. Pollock, who also defends, said Monday would suit him.
The case was fixed for this morning, at ten o'clock.
RETURNING FROM BANISHMENT.
Cheung Li, alias Cheung I, was charged with returning from banishment, having been banished for five years on 5th October last.
When the indictment was being read over the Registrar (Mr. Kyshe) said the man's alias ought to be given each time his name was wen- tioned in the indictment.
The Attorney-General-I do not think it is necessary to repeat the alias each time.
The Registrar--I think it is.
The Cantonese interpreter who read over the charge intimated that the prisoner did not
CHINA OVERLAND TRADE REPORT.
His Lordship committed the prisoner to gaol pending H.E. the Governor's orders.
The Court then adjourned.
20th December.
U Meng, Wong Cheung, Wong Shek Ki, and Wong Sun were charged with the murder of a man in Burd Street on the 25th November. The Attorney-General (Hon. W. M. Good- man), instructed by Mr. H. L. Dennys (Crown Solicitor), appeared for the prosecution. Mr. E. Robinson defended the first, second, aud fourth prisoners, and Mr. H. E. Pollock de- fended the third prisoner.
The jurymen were-Messrs. L. Saidter, J. McKie, J. Lysaught, A. H. M. da Silva, A. S Gubbay, F. Å. de Carvalho, W. H. Day.
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SCANDALOUS DELAY AT THE
SUPREME COURT,
What his Lordship the Chief Justice char- acterized as a most scandalous delay occurred at the Supreme Court on 18th Dec. One of the prisoners committed for trial was a madman who was charged with attempted murder, and although instructions were given for the man to be brought to the court at ten o'clock in the morning he did not arrive until after eleven o'clock, so one hour of valuable time was com pletely thrown away owing to some stupid blunder on the part of some person or persons at present unknown. When the case was called on the Attorney-General explained that the prisoner had not yet arrived, but he had been telephoned for and would arrive in about five minutes. Would his Lordship mind waiting, as the witnesses, Dr. Atkinson and Dr. Thom-
away His Lordship did not object to waiting. son, were very busy and were anxions to get
Five minutes elapsed and there was no sign of the prisoner. He was being brought in a 'ricksha and would not be very long, the Attorney-General said. Ten minutes passed and things were no farther advanced. Court became impatient. The witnesses, the jury, the public, to say nothing of all the officials, were wasting their time, and the Court was very cold.
The
"Did I understand you to say the police had telephoned for the prisoner, Mr. Attorney ?" asked his Lordship.
"I was told so, my Lord," replied Mr. Attorney
see
police left the court, presumably to telephone Things looked more serious. A sergeant of
again. The Deputy Registrar followed, per- haps to
that the telephone message was correctly sent. The Deputy Super- intendent of Police also went ont. to facilitate matters, while the Crown Solicitor and one of the doctors followed at short inter- vals to see what on earth could be the cause of the delay. It was probably everybody's duty sequently it was nobody's duty. to get the prisoner down to the court and con-
The Attorney-General, in explaining the facts of the case, said that on the 15th Novem- ber a medicine shop at 27, Burd Street, was the scene of one of those armed gang robberies with which, in former days, the inhabitants of Hongkong were only too familiar. Somehow the robbers, five in number, learned that there was a considerable sum of money on the premises. About nine o'clock in the evening a man, who was a sort of advance agent of the gang, entered the shop and, with the object of seeing that the scene of action was all clear, bought twenty cents' worth of oil. Immediately afterwards, and just as the shop had been closed, five men armed with re- volvers entered. One man acted as guard at the door and the others terrorized the inmates by producing their revolvers, compelling two fokis, who had just gone to sleep, and the ac- countant to keep silence. The accountant was forced to give up the key of the safe and the rob- bers then ransacked the place, their booty being valued at $107, and consisting of bank notes, a diamond ring, and a silver watch and chain. While they were ransacking the premises the master of the shop, who had not been noticed, took off his boots and stealthily crept up a flight of stairs leading to a window which com- municated with another bouse. He met a private watchman and a district watchman.planation. The prisoner, he said, was confined The Attorney-General entered into an ex- both of whom blew their whistles. The robbers in Victoria Goal up to Friday last, when he was were alarmed and they bolted out of the shop. removed to the Lunatic Asylum. He (the A district watchman saw them and he pursued Attorney-General) had at once on receiving them along Burd Street. One or two of the this intimation communicated with the Captain men, doubtless with the intention of killing the Superintendent of Police explaining the pro- watchman, fired two revolver shots. The cedure adopted in such cases and saying that watchman was not injured, but a foki who was in the street was struck by one of the bullets court at ten o'clock on Saturday morning. He the prisoner and the witnesses must be at the and killed, and the robbers then ran into supposed the police had thonght the doctors Hillier Street and were lost sight of, would bring the prisoner to the court, and The police were made acquainted with hence the delay. But the prisoner had been His Lordship said the prisoner was banished the crime and a search was instituted in some telephoned for and it certainly ought not to on the 5th October, and about five weeks after-house; in Kwai Wa Lane. In the eleventh take more than ten minutes to bring him in wards he was in the colony again. His Lord-house searched the first, second, and fourth pri- 'ricksha. ship had no doubt the terms of the Banishment Order were explained to him. The laws of the colony gave the right to the Governor in Council to keep out dangerous characters, and if these dangerous characters returned they ought to be punished. If the prisoner had pleaded guilty when before the Magistrate the case could have been dealt with by the Magistrate. Prisoner had chosen to deny that he had been banished. and he was brought to the Supreme Court. He must undergo the maximum sentence of one year's imprisonment, with hard labour.
understand that dialect.
The Attorney-General said he was in a posi- tion to prove that the prisoner could speak Cantonese perfectly well, but he had put every obstacle in the way of the authorities.
The Hakka interpreter having read over the charge, prisoner pleaded guilty. He said he had not committed any crime since he returned to the colony.
The Attorney-General remarked that pri- soner's statement was not true. It was because he was arrested for having committed a crime that he was discovered to be in the colony.
soners were found together in a room and they were at once arrested, while the third prisoner was arrested later. Upon the first prisoner was found the silver watch and chain which were stolen from 27, Burd Stret, so that it was quite clear that unless the man could satisfy the jury why he was in possession of property recently stolen he was a thief, and if he was a thief be was one of the armed gang and therefore one of the murderers. His Lordship would no doubt tell the jury that the law was that if one of five armed men killed a man in the course of a rob. bery in order to facilitate escape all were equally guilty. Of course if the n had on leaving the shop taken separate routes and one of them had fired the fatal shot only that man would be The Attorney-General (Hon. W. M. Good-guilty of murder, but in this case the men were man), instructed by Mr. Dennys (Crown Solici- all together and consequently were equally guilty, tor), appeared for the prosecution.
Evidence was then called.
WELL MERITED PUNISHMENT.
A Mahomedan named Abdoolah was charged with committing an abominable crime.
Prisoner pleaded not guilty.
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The following jurors were empanneled Messrs. Charles Perkins, M. M. Mehta, J. Goodchild, E. J. Main, H. C. Sparrow, Hang Chuk Man, and Tam Tsz Kong.
The prisoner, who said he would rather eat pork than commit such an offence, was found guilty. He was sent to gaol for ten years with hard labour.
A LUNATIC.
Lo Man was charged with attempting to murder his sister-in-law in a sampan on the 30th September last.
Medical evidence was given to show that the prisoner was insane and the jury returned a verdiot accordingly.
The case had not concluded when the Court adjourned.
The Germans bad agreed to evacuate Kiaochoù forthwith, without insisting on being given a permanent coaling-station, if, as was at one time understood they did, the Chinese agreed to the reparation that Germany demanded. Complications, however, have now arisen which, it is feared, threaten to postpone indefinitely the German evacuation. The Chinese seem not to have realised the advisability of agreeing with their adversary quickly while they had the op- portunity.-N. C. Daily News.
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There was more hurrying to and from the court and a general bustling of officials, while the poor jurors looked as docile as they could, under the circumstances and no doubt thought there might be more than one lunatic concerned in the
case.
At eleven o'clock the Judge's patience was exhausted.
"Mr. Attorney," he said, “ fault it is that the prisoner is not here, and enquire whose
bring it to the notice of the Governor. It seems to me that the delay is most scandalous."
The Attorney-General again explained what he had himself done to secure the prisoner's attendance.
"I am not blaming you. Mr. Attorney," re- marked his Lordship. "Bring. the matter to the notice of the Governor, because somebody is to blame. We will go on with the next case."
The Attorney-General hinted that perhaps the prisoner was violent, or something of that
sort.
The next case was then proceeded with and just as the jury had been sworn the lunatic ar- rived. It was then six minutes past eleven o'clock, but his Lordship declined to break into the case which had been commenced and the prisoner was kept handcuffed in the other court · for more than two hours.
As his Lordship at one point remarked, this is not the first time the Court has been incon- venienced and we hope the measures resorted to by his Lordship will prevent such a scandalous delay from again taking place.