May 25, 1901.]
&
that
money
CHINA OVERLAND TRADE REPORT. meant the prisoner. He did not mention the name of Allen.
he
Mr. Francis here rose and asked his Lord- ship to consider, after the cross-examination of the last witness, whether that witness was the prisoner's agent. If the Court considered was admissible. If not, it was inadmissible.
was, then the evidence of the present witness
that the evidence is very unsatisfactory, but I His Lordship: I have indicted very clearly can't stop the case; let it go to the jury now. It is for the jury to decide.
without sometimes. As many as six would be late in the day. Witness spoke to his solicitor, Mr. Hays, about the prisoner while he was in On the Court rising for tiffin, Mr. Francis geol through an interpreter. Mr. Robinson, asked his Lordship if he would suggest to the who defended him at the last sessions, visited Counsel for the Crown the necessity of con- him in the gaol with Mr. Hays on April 17thsidering the position of the case during the tiffin. at about 4.30. Witness was not told that the prisoner had been to Mr. Hays' office. He elected to go on, and
On resuming, the Acting Attorney General was sure about that. The names of Europeans were mentioned, but before that he not said any. Yeung Kan spoke to him was on the evening of Lo Tsoi was called. He said the first time thing to any one upon the subject. Up to that March 12th between 7 and time he had always said he was not guilty. At lived in Jardine's Bazaar, and it was there that o'clock. Witness the interview at the gaol he was told he had to Yeang Kun saw him. Yeung Kun said there make a full statement, and he did so. The Chinese interpreter took it down in Chinese, and a storekeeper, and he asked witness if he was an old grudge existing between a foreigner and be afterwards read and signed it. He was not asked who had instigated him to do it. He answered
would throw some "water" on the storekeeper. They (Mr. Hays and Mr. Robinson) asked Yeung Kun asked him to go and do it, and he 'It's very serious," and then him to tell the truth, and told him if he did (witness) was offered ten dollars. the Judge would be willing to
Witness pass lighter sentence.
said "I'm not going to do it," and Yeung Kin They did not say the prisoner was willing to pay more
replied "You need not be afraid about it, and for witness's defence, Allen's name was not then asked, "What sort of medicine water ?" |
I will engage & lawyer to help you." Witness mentioned at all on that occasion. The pris-and Young Kin said it would not do any oner's name did not appear in the paper harm; there would be no fear about it. That which he signed. Witness simply mentioned a foreigner, but did not mention any names.
was on March 12th, but he (witness) did not mentioned one only.
He promise to do it then; it was arranged that He had known the they should meet the following night. The prisoner for 15 or 16 years. He knew the Pong next day Yeung Kun went to his house. Tang Hing blacksmith shop, and he (witness) had a share in it. It had ceased working: it was old, but was still going on under another name. It was sold for under $200 to some of the old partners, and they changed the name. At the time he (witness) had $80 deposited with the prisoner. He gave it to the prisoner for safe keeping. He had a brother a part- ner in it.
The shop had borrowed money from the prisoner, who was considered a very good man, and Chinese deposited money with the prisoner, and he (witness) had borrowed money from Allen. When he went to prison he sent his brother to the prisoner to ask him to help him as a friend, and he returned the 880. If Allen had advanced money the shop would repay it. He was
sure he did not mention the name of Allen to Mr. Robinson or Mr. Hays. The prisoner had nothing to do with the throwing of the water. It was fixed up between the coolies in consequence of hatred against Mr. Reek. They were not satisfied with Mr. Keek, and if the latter had not been strict the water would never have been thrown. Witness was permanently -employed in the Yard. Allen always lent money to Chinese. He knew Yn Kun Tai, and knew that the prisoner went security for him when he joined the police and lent him some money to buy clothes, Allen all along was a good man. Kwok Hing had also received kindness from the prisoner, for he had paid all that man's hospital expenses while he was sick, The paper which the prisoner gave him was written in English. He did not see the prisoner write it. It was on red blotting paper. He had not seen red before. White was always officially used. All the Chinese he had men- tioned, except one man, had been employed in the Yard. The prisoner was a good man and did not like to see the coolies badly treated, and he (witness) presumed that was the reason the "water" was thrown. Prisoner never gave him any reason. Prisoner said—“ Get some 'medicine water' and just touch his clothing and sprinkle a little on his face." He did not say a foreigner was in it to get a lighter sentence. He never thought he would get off e sier for it. The Chiness officer who arrested him said "You must say something against Allen, and the judge will give you a lighter sentence." Then he asked how much less and the Chinaman said two years. That's the reason he mentioned the foreigner, for had that not been said he would not have done so.
Mr. Francis: Then Allen had really nothing to do with it.
Witness: It was the coolies who moved in the matter first,
morning of the outrage he met Yeung Kan Continuing, the witness said that on the and others in thip Street, and they went to a lane, where a cent was given to him with which he bought a bowl. Praya, and Yeung Kun gave him some
They walked on to the "medi. cine water." The bottle was about half full. Yeung Kun told him the storekeeper would pass by about a quarter-past six. They were walking about ten feet from each other when Yeang Kun said," As soon as he gets here, throw a little and Yeung Kun told him he need not the water on him, and run away." He hesitated be afraid, for he would be safe. approached, Yeung Kun said "That's the man, When Reek with a straw hat on." request he poured the water in the bowl, while At his (Yeung Kan's) the former walked under the verandah. Then and ran away. He was subsequently arrested as Mr. Reek approached he poured the water, by a police constable at Wanchai.
he was first employed in the Yard, and knew By the Court: He knew the prisoner since his name was Allen.
deposed to the stains upon the clothing Mr. Wild, Assistant Govenment Analyst, produced being caused by nitric acid.
in the Naval Yard, said he had been so since June, Francis George Keek, leading man of stores 1899. The prisoner was a storehouseman, and witness was his immediate superior. Witness had had on about a dozen occasions to find fault with the prisoner, principally about things being out of place. Witness never reported the prisoner. Witness had formerly lived in the same house as the prisoner, but on different flats, at · Sea View, Wanchai.
of the house?
His Lordship-Was the prisoner the master
only lived in the same house.
Witness-I did. not get it from him. He
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435
always put the thing right afterwards. far as my position was concerned. always on friendly terms with the prisoner, reason to think that he bore me any ill-will, had no suspicion of any one, and, as far as I'm aware, the prisoner's work was satisfactorily done.. I told the magistrate the prisoner Was &
Commodore and was fined a day's pay. I lived in prisoner was reported; he went before good officer. About 12 months ago the the
months. the same house as the prisoner for eleven
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Mr. Francis-The house is his, my Lord. O'Brien. As far as I am aware the prisoner did Witness-I took it through a man named. his work fairly well. I cannot think of any body who would do me that evil. I was not aware of any one who bore me such a grudge as to do a thing like that. I have not been attended by the doctor for a week. I still bear the mark on my face where the nitrio acid
Mr. Francis: Then Allen had nothing to do struck me. I put my hand up, and what would
with it. Is that not so P.
Witness: Yes!
Re-examined : ~ Allen lent money without interest. The prisoner had no share in the shop or the profits. Mr. Reek once cut his (witness) wages about six months ago. Mr. Hays saw him twice in goal before his trial, and when he mentioned the word "foreigner" he
have gone into my eyes went on my hand and burnt it. I have never quarrelled with any one since I have been in the colony, European or Chinese.
position having previously been in the Naval Cross-examined: I came here to take up my Service at home. The fault-finding with the prisoner was on trivial matters, and the prisoner
Master) said he was retained to defend Yeung By the Court: I never reported him myself. John Hays (of Messrs. Johnson, Stokes and Kun, and saw him in the gaol.
examine the witness as to what took place at the Counsel for the Crown then proceeded to interview. Mr. Francis objected, and his Lordship supported the objection, holding that if any agency existed, it had passed at that time. three interviews at the goal, and saw
Continuing, the witness said he had two or prisoner on April 17th at the firm's offoss. the Allen was shown into the office by a clerk. Allen said: a man named Young Kun at the Criminal "I understand you are defending Sessions." Witness said he was, and Allen then asked "Are all your fees in connec- plied, "Thank you, they have." Allen said tion with the matter paid ?" Witness re-
"
them," and he (witness) said "You need not If you require any more fees I will pay trouble; all the fees have been paid.” -- Allen
fees ?" Witness said, "That's what we call acquitted at the Sessions, you will want more then said, "Supposing you get Young Kun
taking a case up on spec. If we take a case, it's a question of win or lose." fees he would be happy to pay them, and he assured him that if the firm wanted any more Allen again
(witness) said, "We don't want any more fees." Allen then said "The names of some Europeans have been mentioned in the matter and I said, "Yes they have."
Mr. Hays: That's not good grammar, my Lord, but it's what I said. I told him ñames had been mentioned, and they were professional secrets or confidences, that's the word, my Lord. He then asked me if I hád any means to make make him hold his tongue. "I can't put my Young Kan hold his tongue. I said I could not
ing. I can advise him how to plead on his trial hand in front of his mouth and stop him speak.
names of Europeans would not come out and hoped at the Sessions." He then said he hoped the that I would do my best to keep the names of promise; if it was necessary to bring out the Europeans back. I said I could make no such names of Europeans they should be: interests of justice, but I, at the same out. I told him I was bound to do so in the brought
time, assured him if it was not necessary to brought out. I asked him how it was he was bring out their names, they would not be - taking such an interest in a case of this kind known him for some time, and that he (Yeung which concerned a coolie, and he replied he had Kun) and Reek had worked together for such a long time that he took an interest in him. He then said-"It would be rather hard on me to have my name dragged in after I have found the money, or funds." That was all that passed, and Allen went away.
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Cross-examined-I did not jump to the conclusion that Allen had anything to do with the vitriol. I had my suspicions about it. Very grave ones too.
Mr. Francis-Was that the reason you dio- tated it to the shorthand writer P
business by a man who was not my client. I ing statement made to me in the course of my Mr. Hays-It was prima facie an incriminat-
thought it advisable to take it down.
Had you already at that time briefed Mr. Robinson for the defence ?---No, not formally. His Lordship You had not seen him., 533 Mr. Hays-Oh yes, I had, my Lord.
by the prisoner that you hurried Mr. Robinson up to the gaol that evening to interview, your client ?-Partly: --
Was it in conseque ice of the statement made
What was the other reason It was the reason that we had heard the za
Victoria Gaol Coupled with the statement by mentioned by Yeung Kun himself in the of Allem
Allen the defendant, that to remarkably suspicious,
beithing look