Ng}, 17}®
August 31, 1901.]
The CHAIRMAN-As Hon. Members are aware, a great deal has been said lately about the want of market accommodation in this olony, and I feel sure this vote will be most heartily recommended.
The vote was agreed to.
CHINA OVERLAND TRADE REPORT.
It is for you now to decide whether or not you will retain counsel.
I should strongly advise yon to do so.
I am,
Dear Sir, Yours faithfully.
In the next minute the Governor recommended Mr. JOHN MILLS, the Council to vote a sum of $3,000 to meet the cost to be incurred on account of the extension of Wanchɛi Market, during the current year.
The vote was agreed to.
In the next minute the Governor recom- mended the Council to vote a sum of $6 0 in aid of the rote of 81,000 for the erection of a Home for Quarantined Dogs under the heading
Public Works Extraordinary."
AN
The CHAIRMAN explained that this aditional sum was needed in order that the dogs should be comfortably housed.
The vote was agreed to.
In the next minute the Governor recommended the Council to vote a sum of $36,177.07 in aid of the following votes:---
PUBLIC WORKS EXTRAORDINARY.
1. Yaumati Nullah,
2. Gaol extension,
3. Taipo Road,
Total,
..3 250.00 927.07 35,000.00
..$36,177.07
The CHAIRMAN-Should hon. members desire information with regard to these items, the Hon. Director of Public Works will be glad to supply it.
Mr. POLLOCK-With regard to item 3, how far will that carry the work?
Mr. CHATHAM-The work is now in progress up to Taipo itself. The sum asked for covers the expenditure on this road as far as Taipo, excluding a small balance which will have to be voted next year. There will be no difficulty in completing the road as far as Taipo by the end of this year.
The vote was agreed to. In the last minute the Governor recom- mended the Council to vote a sum of $700 for Furniture and Incidental Expenses," Re- gistrar General's Department.
The vote was agreed to. This was all the business.
THE CASE OF INSPECTOR MILLS,
HARSH TREATMENT OF A SANITARY
OFFICER.
t
In April last, it will be remembered. In. spector Mills, of the Sanitary Department, was arrested on a charge of manslaughter, on the evidence of three Chinese, who alleged that he had caused the death of a Chinaman by pushing him from the roof of a house, which he, Mills, was inspecting. Mills denied the charge, and stated that the deceased was asleep, and on being suddenly aroused by a rush of coolies from the rooms below, who were trying to escape the inspector, he rolled from the roof and was killed.
Previous to his employment as inspector. Mills had resigned from the Gaol, where he served as & gaoler. He was originally a soldier, and claims to have good papers. While he was employed under the Sanitary Board here he bore a good character.
On being charged at the Police Court with manslaughter, Mills pleaded not guilty, and was subsequently released on bail. Being in receipt of a salary equivalent to $105 per month, and having a wife and children-one of who died during his trouble-Mills was unable to engage a lawyer, having no money, and the Government which he served declined to provide him with counsel, although the accident had taken place whilst he was engaged in his duty.
Being in a state of mind which can easily be conceived with such a grave charge against him, Mills as a last resource, was compelled to borrow $200 to secure a lawyer, and this sum was made up of small amounts, such as 82 and 85, contributed by Chinese.
Having engaged counsel, he received the following:-
62, Queen's Road Central,
(Copy.)
J. F. REECE.
Sanitary Board Office,
Hongkong, 14th May, 1901. Sir,In reply to your letter under date of 11th May, 1901, I am directed to inform you that an application by Mr. John Mil's for the payment of part or the whole of the expenses of his defence on the charge of manslaughter which has been brought against him will be considered by His Excellency the Governor if, and when, he is acquitted.
I have the honour to be, Sir,
Your most obedient servant,
(Sd.) G. A. WOODCOCK,
Acting Secretary,
J. F. REECE, Esq.
In due course Mills was committed for trial, but before the day appointed something ap-| parently went wrong with the evidence for the prosecution, for the case was withdrawn by Proclamation! Had the evidence for the pro- secution been in any way reliable the case could not possibly have been withdrawn. On 18th May, Mills was called before the Chief Justice and dismissed.
The same day Mills resumed duty as Sanitary Inspector, and sent in the following letter :-
Hongkong, 20th May, 1901,
Sir. I have the honour to inform you that the Attorney-General declined to proceed with the charge of manslaughter brought against me by Wong Nam, Wong Sz and Wong ai, and requested the Chief Justice to discharge me by proclamation.
This was accordingly done to-day by His Lordship, and I now beg that you will request the Government to assist me in the payment of the expenses incurred by me to defend myself against this charge, which was incurred in the execution of my duty.
I attach Mr. Reece's receipt for $200, which has already been paid by ma with money which I have been compelled to borrow,
I have the honour to be. Eir.
Your obedient servant,
Dr. FRANCIS CLARK,
JNO MILLS, Inspector of Nuisances.
Medical Officer of Health.
The cheque was duly sent to Mills and he cashed it, and paid back the money he had originally borrowed, excepting small amounts totalling 520. due to four 1ersons. Mills alleges that these four persons refused to receive their money back, because they told him they had instructions not to accept it. At the shop of one of these. 185, Queen's Road Central, the Chief Detective Informer. Chi Hing, was present and told Mills to pay the money instead to the Superintendent of Police, which Mills declined to do. Some time after this Mille received the following:-
Colonial Secretary's Office,
Hongkong, 13th June, 1901. Sir. I am directed to forward to you, which I do herewith. four charges against you of procuring contributions towards defraying legal connected with your defence upon a expenses criminal charge of manslaughter.
I auf also to call upon you to state in writing. within seven days of the date of this letter, auy grounds upon which you rely as exculpating yourself fro
these charges or any of them. and also, in Lae event of your admitting any of such charges, any grounds which you desire t urge against your being suspended from offic or otherwise punished as provided for by ti Colonial Office Rules and Regulations. I have the honour to be, Sir,
Your obedient servant,
Mr. J. MILLS,
T. SERCOMBe Smith, Acting Colonial Secretary.
Inspector of Nuisances.
(Enclosure.)
|
Hongkong, 14th May, 1901. Dear Sir,--I send you on the other side a
1. That on or about the 3rd day of May, 1901, copy of a letter I have received from the Sani- | you did procure either directly or through your tary Board.
interpreter, one Ng Yui-ki, the payment of the
187
sum of ten dollars by one Li 8han-fan, of the Lati Hing shop, No. 153, Queen's Road Central, as a contribution towards the leg 1 expenses which you were then incurring for your defence upon a chargo of manslaughter.
3. That on or about the 4th day of May, 1901, you did procure either directly or through your interpreter. one Ng Yui-ki, the payment of the sum of one dollar by one Man In-cho, of the Tsün Heung teashop, No. 159, Queen's Road Centrál, as a contribution towards the legal expenses which you were then incurring for your defence upon a charge of manslaughter.
3. That on or about the 6th day of May, 1901, you did procure either directly or through your interpreter, one Ng Yui-ki, the payment of the sum of five dollars by one Li Yau-tsin, of the Ki Shangpawnshop, o. 185, Queen's Road Central, as a contribution towards the legal expenses which you were then incurring for your defence upon a charge of manslaughter.
4. That on or about the 5th or 6th day of May, 1901, yon did procuro either directly or through your interpreter, one Ng Yui-ki, the payment of the sum of two dollars by one Chan Tung, of the ᏦᎥ ing pawnshop, No. 1, Wing On trest, ás a contribution towards the legal expo sos which you were then incurring for your defence upon a charge of manslaughter.
|
Inspector Mills replied as follows:- 2, High Street,
Hongkong, 18th June, 19`1. Sir.-I am in receipt of your letter No. # of the 13th inst. The same has had my earnest consideration, and I respectfully beg to submit the following:-
A.-I admit the charge of procuring contri- butions towards defraying legal expenses connected with my defence upon a criminal charge of manslaughter brought against me.
B. I am unaware that in doing so I com. mitted any breach of the Colonial Rules and Regulations. Your letter under consideration. does not specify such rule or regulation.
C.-In connection with such charge. I bog to respectfully submit the following explanation. It is unnecessary for me to go into the details of the charge of manslaughter, as they are known to yon, and also the fact that such charge was withdrawn against me. When such charge was proferred against mo at the Police Court, J occupied a very painful position as a Govern. ment servant. I anticip ted that Counsel would be placed at my service to defend me against, as was subsequently proved to be, so unjust a charge incurred whilst I was in the execution of my duty. Such Counsel not being forthcom- ing. was compelled in vindication of my public and private positionson my pasonal re- sponsibility to engage a lawyer. I did this after consultation with the Head of my Department. who was unable to promise me any financial assistance in defraying my legal expenses.
D. On the advice of my friends, for I was without the assistance of a lawyer, and considering the ser.onsuess of my position I solicited subscriptions which wonid eutitle me to engage Counsel for my defence.
E. In doing this I was unaware that I com - mitted any breach of the Colonial kales or Regulations.
F-Subsequently when the charge against me was withdrawn, I received from the Treasury a cheque covering the cost of my legal exponses, for which I was deeply grateful. I then re- funded as many subscriptions as I was able to.
G.-La conclusion I respectfully submit--and considering the great trouble I experienced and the unjust and shameful position I occupied
en prosecuted on so serious a charge, in- curred through an infortunate mishap whilst
zealously engaged in the execution of my duty
-that I should be granted compensation.
I respectfully trust that this will have your
A consideration.
I have the honour to be, Sir,~
Your most obedient servant, JKO. MILLS, Inspector of Nuisances.
The Hon. T. SERCOMBE SMITH,
Acting Colonial Secretary.
This evoked the following reply:
STATE M
Colonial Secretary's Offlos,
Hongkong, 20th June, 1801. Sir,-In continuation 7 my letter_No. of
the 13th instant. I anı directed to inform yen that, as your written reply of the 18th instint was not considered by Bis Excellency the