Janus
its correctness. This was done by him.: The accounts furnished were not returned to his hands as useless. There is no hint that the state of affairs was not disclosed by the accounts with as near an approach to accuracy as was compatible with the materials at the plaintiff's disposal.
In Moneypenny v. Hartland 2 C. and P. 378, where an issue, was tried as to whether a plaintiff was entitled to any and what sum for work and labour as an architect and engineer, Best C. J. said: "I shall take the liberty of laying down this rule. Suposing negligence or want of skill to be sufficiently made out, unless that negli genee or want of skill has been to an extent that has rendered the work useless to the defen- dants, they must pay him (ie. the plaintiff) and seek their remedy in a cross action. For if it were not so, a man, by a small error, might deprive himself of his whole remuneration." These remarks are apposite to the present case. The result is that the plaintiff succeeds and has his costs.
IN CRIMINAL SESSIONS.
BEFORE HIS HONOUR SIR JOHN CARRINGTON C. M. G. (CHIEF JUSTICE).
The Criminal Sessions opened this morning, the following being the calendar :---
1. Tang Ka U-(1) bringing counterfeit coins into the colony; (2) uttering counterfeit coins,
2 Chan Fa Tan, alias Chung Shan Yn, alias Chung Fu Tan-perjury.
3. Lui I Kun-perjury,
CHINA OVERLAND TRADE REPORT.
to the jury by overwhelming evidence that the man arrested was not Chung Nam, but Lui Cheong, and the fifth son of the defendant.
Mr. C. A. D. Melbourne, Chief Clerk at the Magistrary, was sworn, and while he was giving his evidence, the Court Interpreter interrupted, saying that the defendant asked that the case might not be proceeded with. He admitted that the man arrested as Lui Cheong was his son, and he asked his Lordship not to pass a heavy sen tence. He was sorry he did not plead guilty in the first instance.
The Chief Justice to the Registrar-Make an entry that the ples of not guilty is with- drawn and that the defendant pleaded guilty.
The defendant was informed, by direction of the Chief Justice, that the fact that he was the father of the young man and the fact that he had confessed his wrong would be taken into consideration when sentence was passed by and by.
ship only sentenced him to i three months.
A COUNTERFEIT COIN CASE.
Tang Ku.U was charged (1) with bringing counterfeit coins into the colony; (2) with utter- ing counterfeit coin.
The defendant pleaded not guilty.
The jurors were Messrs. J. W. Osborne, H. C. Sandford. F. M. R. Pereira, D. S. Gub- bay, Donald Macdonald, J. A. Woodgates, and Hans Skött.
It appeared from the statement made by The Attorney-General asked his Lordship to the Attorney-General that the police had. reserve sentence until he had heard another suspected the defendant, who lived in Holly- case arising out of the same matter. As rewood Road. Accordingly they instructed a man garded this case, one could at least say that the to go to the defendant with two $10 notes man was the father, but in the other case that (marked) and offer to purchase some counter- could not be said.
feit coins from him, the defendant having offered to sell him counterfeit coins previously. The informers asked the defendant whether he had any counterfeit coins for sale and he said yes. The defendant said he did not keep any counterfeit coins in his own house, but he would bring them to the informers' house in Elgin Street. Accordingly later on the defen- dant went to the informers' house and sold the informer four rolls of counterfeit pieces, Chan Fu Tun, alias Chung Shan Yu, alias representing $40, for $20. Subsequently the ting perjury at the Magistracy on the 21st Degeant Terret found in the pocket of a coat Chung Fu Tan, was also charged with commit- police searched the defendant's premises. Ser- comber, when he averred that the man arrested belonging to the defendant eight more counter- as LuiCheong was named Chung Nam and was feit ten cent, pieces and also a bad Mexican dollar. The latter was wrapped in paper on which were written some words to the effect that this was a sample coin and that on agree- able 300 more of the same kind could be sup- plied. The man was then taken to the Central Police Station.
his son.
The man pleaded guilty. He asked his Lord ship to pardon him and send him back to his own country. He acted as he did because he did not know the customs of the country.
The Chief Justice, addressing both the defendants, said-It appears that a man named Lui Cheong was taken before the Magistrate
4. Lo Mun-robbery by two or more persons. 5 Wong Sam-being a member of an unlaw-for having committed a robbery in the emmer, whom ho described as a very bad man and ful society.
SEQUEL TO THE KWANgtung rioTS.
The following composed the jury:--Messrs. Arthur Kuhn, H. A. L. Oldenburg, L. A, Rose, J. M. do Rozario, J. S. Wright, I. S. Levy, and R. M. Mehta.
pire of China, when the evidence was that this Lui Cheong belonged to the village Cas No. 3 was taken first, the defendant, of Lee Lo, in the province of Kwangtung, and Lai I Kun, being charged with committing was the son of Lui I Kun. That was the de- perjury at the Magistracy on the 21st December.scription of him-that was the way he was to
He pleaded not guilty.
be identified. Then Lui I Kun and Chung Shan Yu came down to Hongkong to get him off. You, Lui I Knn, his father, go into the box and swear that he was not your son and you, Chang Shau Yu, go into the box and swear he was not the son of Lui 1 Kuu, but your son. I have no doubt you had agreed upon this plan before you came down You have both admitted you were speaking falsely in what you said before the Magistrate You say you do not know the customs of the country; but you must have known very well that to come and give false evidence in a court of law was a wrong thing. I will have regard with respect to both of you to the fact
that you
have pleaded guilty. With respect to Lui I Kun I will have regard to the fact that you are the father of the young man, and therefore some allowance is to be made for you. But still perjury is a very serious offence, and is very frequently committed in the courts
of this colony. Therefore when any person is convicted of it the punish- ment must be more or less severo, according to the circumstances. You, Lui I Kun, must under- go imprisonment with hard labour for eight months, and Chung Shau Yu must undergo imprisonment for twelve months with hard labour.
The Attorney-General (the Hon. W. Meigh Goodman, Q.C.) said that the defendant was charged with having in a court of justice told false evidence as a witness. Some 40 miles beyond the border was a market town called Lo Fuk Tai, and some seven miles beyond this place was Lee Lo, which was the na- tive place of the defendant, At this market town of Lo Fuk Tai last year there were riots. When riots occurred that was the time for dishonest men to loot the stores. At this mar- ket town of Lo Fuk 'l'ai resided a very respec- table man named Shui Hing Cheong, being partner in a firm which had a valuable store there. That store was looted by a set of ruffians, and 6,000 taels' worth of goods stolen. One of the ring leaders in the plundering band was a man named Lui Cheong, who was the fifth son of the defendant. Lui Cheong and his partners, having secured the plunder, escaped out of the country. Lui Cheong went to Macao and then he was traced to Hongkong. Shui Cheong found out that he had come to Hongkong. Shai Cheong was a convert. He thought he belonged to the American Mission. He supposed the fact that he was a Christian was one of the things which led to his place being looted. Having found out that Lai Cheong was in Hongkong, Shui Cheong communicated with the American mission authorities here and the result was that proceedings were taken to procure the extradition of this man Lai Cheong, so that he might be sent back to China and punished by the Chinese authorities. The case went on from day to day, but in the result the Magis trate came to the conclusion that the man who had been arrested was Lui Cheong and the man who was wanted for taking part in the robbery. With the object of getting this man off a very clever scheme was got up. The man in custody gave the name of Chung Nam, and a man was called who said that this was his proper name and that the man in custody was his son. To complete the thing, the father of Lui Choong the defendant in court-was called, and he swore that the man in custody was not his son Lui Cheong. He, however, should prove
A MEMBER OF AN UNLAWFUL SOCIETY.
Wong Sam, charged with being a member of an unlawful society, pleaded not guilty.
The jury was the same as the one selected for the previous cases.
On being asked if he had anything to ray the defendant began to throw mud at the infor
a professional informer. He declared that for money not only would this man ruin his friends, but he would ruin his own father if by so doing he could put money into his pocket.
The jury found the prisoner guilty on both counts.
The Chief Justice said the defendant had been convicted on the very clearest evidence of the offence with which he was charged. Ho had no doubt he was one of those persons who made a trade in false coins and defrauded · rich and poor alike in that way. When they caught a person dealing in bad coins wholesale in this way he must be made an example of. He had power for the offence charged in the first count to imprison the defendant with hard labour for seven years. He should not be so severe on him as that; but he must have a severe sentence. The sentence of the Court upon him was that he be imprison- ed for four years with hard labour on the first count. On the second count the sentence of the Court upon him was that he be imprisoned for four months with hard labour. That sentence would be concurrent with the other sentence.
BEFORE
Saturday, 19th January.
IN (RIMINAL SESSIONS.
HIS HONOUR SIR JOHN Carring. TON, C.M.G. (CHIEF JUSTICE).
THE ROBBERY ON THE STANLEY ROAD.
Lo Mun, who was charged with commiting a robbery on the Stanley Road on the 14th De- cember, along with two or more persons, pleaded not guilty.
The jurors were Messrs. C. D. C. Danenberg, J. A. Woodgates, J. S. Levey, George Richard- son, J. M. da Rocha, A. Kuhn, and A. Beattie.
Mr. W. C. P. Stopper's name was called, but he did not answer, and the Chief Justice directed that he should be instructed to attend in Chambers at 11 o'clock on Monday morning.
The Attorney-General said the prisoner was arrested on the 21st December. He was carry ing a pillow-box, and on his opening it in the presence of an Inspector of Police it was found to contain three papers which were undoubtedly Triad Society papers. The first of them had on it the chop of the society. It was in point of fact an invitation card to a dinner such as a The Attorney-General (the Hon. W. Meigh Freemason might have. The second was an Goodman, Q.C.) said the prisoner was charged invitation not to join in a dinner but to join in with being one of a gang of five men who com- a fight, and the third document was also amitted a robbery on a man named Young Triad Society paper. The man was in the first instance arrested for an offence against the opium law and was convicted, and in the box of which he was in possession the papers in ques- tion were found.
The jury returned a verdict of guilty but on account of his advanced years his Lord
and stole from him $10-22 and 22 rolls of cloth It was alleged that this occurred abo four o'clock on the afternoon of the 14th Dece ber near the Bowen Road, between th new reservoir and Wongneicheong, on back from Stanley. The complainant app to be a licensed hawker, hawking cloth an