· · January 20, 1900]
It was just the same as a licenso for the sale of arms.
The plaintiff said the circular which the defendant sent out said the tender was for the exclusive right. He had not the circular with him.
His Lordship gave judgment for the defendant with costs.
January 18th.
CRIMINAL SESSIONS.
BEFORE HIS HON, W. MEIGH GOODMAN
(ACTING CHIEF JUSTICE).
The Hon. H. E. Pollock (Acting Attorney General), instructed by Messrs. Dennys aud Bowley (Crown Solicitors), prosecuted. A PASSAGE OF ARMS BETWEEN HIS LORD
SHIP AND MR. FRANCIS.
Pang Hing Yau and Pang Tak Ying were charged (1) with forging a deed with intent to defraud and (2) with conspiracy to cheat and defrand. The second prisoner was also charged with personating with intent fraudulently to obtain certain property.
Mr. J. J. Francis, Q.C, (instructed by Messrs. Wilkinson and Grist) appeared for the prisoners.
Mr. Francis asked if his Lordship would permit him at that stage to state that the learned Attorney-General was willing to accept a plea of guilty on the count "conspiracy to cheat and defrand" if the Court saw no objec-
tion.
His Lordship-If the Attorney-General is satisfied with that course I have no objection.
Mr. Pollock—I am perfectly satisfied. Mr. Francis said that if his Lordship would kindly adjourn the question of sentence till Monday he would be obliged. He wished to
file affidavits in extenuation.
His Lordship said he did not know about Monday. There was only one other case.
Ho had had a good deal of experience in criminal work, and he had never known an application for sentence to be deferred several days. He had heard an application to postpone sentence until the following day.
Mr. Francis said the same necessity did not exist 'ere which existed at home. He added that he meant Saturday and no Monday. He was thinking that that day was Friday.
His Lordship-There is no reason why you should not state facts in ertenuation.
Mr. Fraucis said he did not wish to file affi-
davits to dispute the plea or finding on that plea, but simply to set out matters in exten- nation, and to expain a little more fully than appeared on the depositions that it was a family affair.
His Lordship-If the prisoners plead guilty I have no objection to a statement as to the facts.
Mr. Francis-I only got the information within the last quarter of an hour.
His Lordship-That is the fault of the system here and I want to alter the system.
Mr. Francis-The information was only de. livered to the solicitors by the defendants yes- terday evening at five o'clock.
His Lordship said there was something in that, but added that they had got into the system in Hongkong lately of people never being ready at the trial and application being made to adj urn a case for several days. When the Criminal Sessions were opened a man must be ready to take his trial.
Mr. Francis-Your Lordship sees I am only asking you to adjourn the sentence.
Mr. Pollock-I would suggest that if these men want to make any explanation it should be made to-day.
His Lordship (to Mr. Franois)—We will bear what the men have to say or what you have to say on their behalf.
Mr. Francis said he was applying according to the recognised practice of criminal courts in cases, of misdemeanour to file affidavits in ex-
tenuation. He had nothing further to say. It had been the constant practice of that Court, and if his Lordship liked to refuse the applica- tion he had nothing more to say.
His Lordship-Are you not prepared with the faots upon which your affidavits are founded?
"Mr. Franois-Broadly.
CHINA OVERLAND TRADE REPORT.
His Lordship referred to the practice in England, namely, that before the sentence a prisoner or his counsel was permitted to say what he wished in mitigation of the sentence, but it was not usual to adjourn sentence to en- able a prisoner to make affidavits.
Mr. Francis said he was not so well acquainted with the practice in England as was his Lord. ship, but he was relying on the practice of that Court, where he had never knowu ît questioned before.
His Lordship-Will to-morrow morning be any good to you?
in Court all day to-day.
Mr. Francis-Very little, because I shall be
His Lordship-But suppose we finish to-day, why should I come on Saturday for your affi- davits?
Mr. Francis-I think, your Lordship, I may venture to suggest that your time is at the disposal of the public and in the interests of the prisoners.
His Lordship-So it is, but if I am not taking one matter I am taking another.
Mr. Francis repeated that there had pre- viously been no objection to such an applica.
tion.
His Lordship-I want to get into a regular system. I consider that when prisoners are brought up for trial they should be prepared to meet the charges against them. The solicitors should instruct counsel at the proper time.
Mr. Francis-The Attorney-General should file his information at the proper time.
His Lordship-Solicitors should instruct counsel at the proper time, and prisoners should be prepared with all the facts they wish to bring into Court.
Mr. Francis-We could not bring affidavits before we knew whether the Attorney-General would accept our proposal or not, and I would suggest, with all deference to your Lordship. that I do not think it is the function of the Acting Chief Justice to alter a practice which has been in existence thirty years.
His Lordship-You always have a manner of speaking that way, as if you know more of Courts than anyone else. I have had to do with ten times more criminal cases than you. During ten years' experience of Criminal Courts I never know an application, after the prisoner had been convicted, for an adjournment for about four days to prepare affidavits in defence,
Mr. Francis-1 have been practising thirty. five years.
His Lordship-Then you ought to know some- thing about the practice.
Mr Francis-1 bgpe your Lordship does not think I am saying what is not true?
His Lordship-I decline to adjoura till Mouday. I give you till to-morrow morning to file your affid vits.
The prisoners were then formally charged and pleaded guilty to the count mentioned by their counsel and sentence was adjourned until Fri- day.
ALLEGED ARMED ROBBERY AT LYEEMOON.
There were four counts in the indictment against Chung Shing Fat, viz, (!) robbery. being armed; (2) robbery, being armed; (3) shooting with intent to do grievous bodily barm; and (41 assault. The prisoner pleaded not guilty.
The following were sworn on the jury: Messrs. E. J. Moses, W. W. Campbell, J. E. Gomes, R. B. Cooper, R. Henderson, C. J. T. Lea and F. A. Brown,
Mr. Francis (instructed by Messrs Wilkinson and Grist) had been retained for the defence.
Mr. Pollock said that some time in the after- noon of the 10th December last Lam Yin, the prosecutor, went on board a boat at Shaukiwan, Besides himself and the boatwoman there were six or seven other people, including the prisoner. They crossed the Lyeemoon Pass and landed at the village of Lyeemoon. The proscutor was walking along the beach in the direction of Kowloon when he noticed three men coming down a hillside towards him. He recognised them as being the prisoner and two other men who had come over in the boat. The pri
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the latter called out "Seize!" Three men came out of the house, and, finding himself hemm in the prosecutor jumped into the sea, having previously thrown $40 in ten cont pieces which he was carrying in his girdle into a boat. Prisoner held the revolver in his hand, and the two other men came forward, picked up the money, and proceeded to divide it. While they were thus engaged Loa Fan, a friend of the prosecutor's brother, came upon the scene and seemed to have remonstrated with the pri soner and his accomplices, and as the result of that remonstrance 817 was returned to the prosecutor. The prisoner was subsequently taken into custody. He believed the prosecutor had been charged with stealing these $40 from the master of a junk, but it was quite obvious that, whether the prosecutor had a clear right to this $40 or not, the prisoner had no right to assault him or take the money from him.
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soner pointed a revolver at him, upon which the prosecutor naturally ran away. The three men gave chase, and the prisoner fired two shots at him but withour effect. The pro- secutor was making the best of his way back to the village of Tyeemoon, and was passing a house apparently belonging to the prisoner, when'
The evidence for the prosecution having been given,!
Tam Ti said the prosecutor had been his foki for two months and that he had stolen the $40 from him.
On the prosecutor being called up by his Lordship, however, he denied over having been in the employ of this witness, whom he had seen at Pinghoi. He challenged him to pro- duce his wages book.
Witness produced his wages book showing: payments made to the prosecutor.
The proscutor said that this book did not belong to the witness but to another man, Coung Tong. He asked the witness to read the entries in the book.
Witness said he could not read.
The Prosecutor-That shows the book does not belong to you.
*The witness said Chung Tong was his part- Der at the time.
Chang Teng was called and sworn. He said Tam Yin, the prosecutor, used to be employed by the last witness as a foki. The prosecutor was a foki and it was not right for him to steal his master's money.
His Lordship warned the prosecutor of the consequences of not telling the truth, but he persisted in saying that at one time Chung Tong was his partner and that he was never in the other man's employ.
Chung Tong said the book produced bo- longed to Lam Li's junk.
Addressing the Jury, his Lordship said the only witness for the prosecution was Lam Yin. That man had been convicted by the Magistrate of having stolen the very money which he alleged the prisoner stole from him. "Of course people must not rob a thief, but the thing was this, had they any reasonable doubt about the guilt of the prisoner, and wore they prepared to find bia guilty on the ausupported evidence of Tam Yin. Under the circumstances he did not think it would be safe to do so.
The jury found the prisoner not guilty, -His Lordship believed Tam Yin had been telling lies, and be sentenced him to three months' hard labour.
The writer of "Local Topics", in the Shang- hai Mercury thus refers to the inspection of the Shanghai Volunteers fixed for last Tuesday. -I presume the turnout of the Volunteers will be the largest ever seen. There is to be a winter inspection at the new Drill Hall, the first military function within its walls, and the prizes won at the last Rifle Meeting are to be presented by Mrs. F. Anderson, wife of our esteemed Chair- mau of Council. If the new Volunteer Club, when onos it has got into fall swing, does not add immensely to the popularity of the oorps nothing-except active service-ever will. Bat there is, so I hear, every possible chance of the entire success of the new institution. An admirable_gymnasium is already in working order, and arrangements for other smuse- ments as well as more solid military duties are being perfected. So far as mere housing is concerned, there will be no club in the East which can possibly compare with the Shanghai Volunteer Club. Its magnificent entrance, its spacious hall, the well appointed reading room, the up-to-date gymnasium, the weekly band performance, all these make up a series of at- tractions practically unique in this quarter 'of the globe. The Shanghai Volunteer is a lucky man. There is little fear but that he will show himself worthy of his good fortune.