THE HONGKONG WEEKLY PRESS AND
being found on the uncle's boat. | H. fel, and they would be under the châ-ge of | the palent which “belonged
@three" dollars | the usher.
the villot of the Kia Yui ⠀ The Court rose.
prisoner's house, ⠀⠀⠀ him - the pilot did not de conversată în` was going * of Young Kue Wan ramɔ roɔm, and heard
forgas: Phillips asked the witness to repest in Chines”, without stopping, what the pilot said, and this he did. **Interpreted, it was to the effect that there was reward of about $10,000 and several buttons offered for Yenng Kuu Wan,
Cross-examination contined-The pilot did not ask the witness to leave the room when he was discussing the project, in which the accused neked him to participate. His resson for no joining in it was that he was too busy with the cooking, and he did not make a report to the polics because prisoner threatened to kill him if he did. When the prisoner visited the uncle's boat on the night of the 10th January, he said right away that he had shot Yeung Kue Wan dead. He afterwards went ashers, but witness's uncle; who still kept a marriage-bost at Yau- | mati, did not follow him and report to the police, as he was afraid of the prisoner. Witness went to Canton in February to obtain a loan from the prisoner, who had borrowed a couple of dollars out of 36 paid to witness as wages. Prin inor refused to lend him money, but it was not on that account that witness was giving evidence against him. Witness never gave information to the police; the police came to look for him on or about 10th or 11th April this year. He felt bound to tell the police what he knew, and also felt safe in doing so, although he was afraid to go out on dark nights now.
Re-examined →The prisoner was arrested long before the police came to see him.
Chan Wan, examined by Mr. Sharp, said he was employed at present an ́s cook on board the Zufiro. He know the prisoner, who was nicknamed “Bow" ("jutting teeth") by reason of the peculiar formation of His testh. Witness's brother Chan Lam Tsai was a member of the
gang, and was executed because two letters were found in his possession by Li Ka- Chuk. Witness had seen and read the letters, which did not relate to the murder directly, simply asking his brother to o me down to Hongkong from Canton, the Government of Hongkong wanted him. One of the letters was sent by "Mai" (the Chinese for Mr. May, then Captain Superintendent of Police). Witness was present at the execution of his brother, whose head was cut off on the Honam side of Canton. He remembered the murder of Yeung Kue Wan, and during the few months preceding it witness was living at Canton with his brother, who routed the hou e and lived in it, with his family. His brother was a soldier sud a gambler a soldier when times were busy and a gambler when they were lack. Li Ka Chuk, the mandarin, was the head of the Chak regiment Ko Ping Shan, whom witness knew, was one of Chuk's - soldiers. He called at witness's brother's house on 6th January, 1901, and the two-the brother and Ko Ping Shan had conversation, after which they went to Li Ka Chuk's barracks, When he came back he had conversation with Tang Cheung, the other man living in the house, and very early next morning all three- witness, his brother, and Tang Cheung-went to Chuk's barracks Witness remained outside
PRECEDENT.
Although the course adopted by the Acting Chief Justice in ordering the jury to be locked up for the night is ons which has not been followed for many years, the Court records show that a similar thing happened in 1863, when Sir John Smale was Chief Justics. In Mr. J. W. Norton Kyshe's History of the Laws and Courts of Hongkong. Vol. II, p. 140 we find the following interesting parallel —
"The first instance also of a jury being detained in custody overnight happen.d upon 26th February, 1868, in the oare R.. Lee A Tai and Koong a Fook, charged with making a murderous attack. At a few minutes before seven, the Chief Justice remarked that as the cass could not be finished that night it would be desirable that the jury should be ocked up. Mr. Whyte said he was qui e will ing on behalf of the prisoners that the jury should be allowed to leave. His Lordship remarked that he had not the power to allow the jury to leave. According to Sections 22 and 23 of Ordinance 11 of 1861 he was bound to have them kept in charge of an officer until the cake was finished. As to Mr. Whyte consenting to their ging away he would remark that by a late decision it was held that a prisoner, could consent to nothing (R. v. Bertrand, 1 Law Reports, P.C., 520). He was very sorry that the law should put such an inconvenience on a jury but he could only obey the law; and the Court was accordingly adjourned until next morning and the jury removed to the Hotel de l'Europe."
From the Daily Press of 27th February, 1863, we find that the jury was as follows:- Messrs. L. P. Ward, J. Parsons, J. da Silviera, G. Agabeg, P. Macvicar, J. E. Manger and E. Erdman.
The chronicler relates that
“The countenances of the jury fell consider- ably when they heard this discussion going on as to their probable fate for the night, and when it was finally announced to them that they could not be out of the custody of the Court they appeared to feel decidedly uncom- fortable.
165
Mr. Whyte said he did not know where the jary could be kept. Certainly not in the Court, and he thought the geol was the most comfort- able place,
*
"At a few minutes before seven, Mr. Whyte concluded the evidence of A Choe, and the Court was accordingly adjourned until this Hotel d'Europe." morning, and the jury were removed to the
Thursday, 21st May.
IN CRIMINAL JurisdicTION.
BEFORE HIS HONOUR SIR HENRY 8. BERKELEY (ACTINO CHIEF JUSTICE),
THE GAGE STREET MURDER TRIAL-SENTENCE OF DEATH.
The trial was continued of Lui Chui alids Li Kwai Fan who was charged with the murder of a Reformer schoolmaster at 52, Gage Street on 10th January, 1901.
Mr. B. H. Sharp, K.C., Acting Attorney- Crown Solicitor), conducted the prosecution; General (instructed by Mr. F. B. L. Bowley, and Mr. T. Morgan Phillips, barrister-at-law,
was for the defence.
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Brother
bore the dató 1901. The patent wu
(May 23, 1903.
viteregal seal of Viceroy Tak that Chan Tai Oà (the omalil Châu Lam Tini) had exerted himself arrest of the leader of the Ko-lo Society other members of secret societien à credit was due to him. His brother 1 showed him the patent of his rank when received it. Long before he got it be told the witness that he was going to get it for the shooting of the reformer Yeung Kus Win. After his brother showed him the diploma they went and worsh pped joss to give thanks for the receipt of the diploms. After reading through the document, witness asked his brother what the words, Ching Lung Taa meant, and his brother told him that these words meant chief leader of the rebellion
1 and referred to the Yeang Kue Wan. His brother had not been concerned in the arrest or assassination of any other revolutionary but Young Kue Wan. He got special instructions to carry out this murder. After his brother's death, witness got possessióń of his brother's papers including the diploma, through his sister-in-law. After his brother got his rank he was put in charge of a war-junk and was in that position up till the time of his death. After he stayel with the gang in Li Ka Chuk's barracks he next saw the prisoner between 19th February and 19th March at a place called Pun Pu near Canton; prisoner was then wearing a button of the fifth rank and was on board the flagship looking after odds and ends Prisoner afterwards went home to his sweetheart in his country Witness next saw him in his (witness's) house in Canton about 23rd August. About the same time he saw the prisoner on board his brothers junk. His brother was executed on 25th September, 1901. Subsequently he did not see the prisoner until after his arrest. Prisoner bought a wife at this time.
Cross-examined-Before the death of Yeung Kao Wan prisoner was unknown to him. Prisoner was not prezent at the house of his brother and at Li Ka Chuk's barracks in Canton. It was Li Ka Chuk who instructed his brother to carry out the murder. He first saw prisoner at the barracks after the death of Yeung Kue Wan, Witness's brother said in the barracks that the prisoner ran away when he heard the shots.
Re-examined-He did not see the order for payment of the $2,0 0 to the prisoner; he raW the orders for the payment of $2,000 each to his brother and Tang Chung.
Kong Ngau Ying, a fishmonger from Yaumati, deposed that he first met the prisoner on 8th January, 1901, at West Point with Lam Tsai and others. There they went into a brothel. He knew Lam Tsai. Afterwards he learned that two of the others along with the prisoner were Tung Chung and Taui Fak. He saw prisoner again on 10th January at West Point in the Street; long with him were Chan Lam Tsai, Tung Chung and Tani Fuk. They took Witness to an eating hous. After that they went to the house of Ng Lo Sam, whom he had known between fen and twenty years. Li Chi Tin, secretary to Li Ka Chuk, was there ; also a man named Yeung Ching Kai, captain of the Kin Yui,
Li Chi Tin asked him whether be “ wished to go or not. Witness asked * Go where
here Li
Wan." Witness said he was not going. Pris- "To go to shoot. Yeung Kue Chi Tin replied “ oner and the others were all present. Li Chi but the other two went in and later on
Tin then said “ Why don't you go? there is a sant” for him. - When he entered he saw the captain of the Kin Twi and the other two besides when the Court rose on
Chan Wan, who had been under examination | reward of between $10,000 and $21,000 and yon previous night, will get an appointment as a mandarin"'; adding one of Li Ka Chnk's braves and a fourth
was again put in the
o witness-box sad that the reward would come from Viceroy Tak. member of the gang named Tsui. Witness was he met the gang in Canton after the Li Chi Tin explained that Young Kue Wan not included in the interview between the cap murder. Witness's elder brother, Lam Tsai, was the emperor" of the Waichou rebellion. tain of the Kin Yi and the other four, but when it was ended those latter went to catch decoased, stated that he entered the house The ofliers agreed to go, namely, the prisoner, "first and did the actual shooting. Tung Chung Lam Tsai, Tani Fuk and Tung Chúng. The the morning boat to Hongkong. Witness did not go to Hongkong. On the afternoon of accompanied him. Tani Fuk and the prisoner gang then left the house. Witness followed them
mary he sa the
remained outside. Three of the gang received up Gough Street and Aberdeen Street. Tani Fuk práve again, four the greater part of the money reward, these stood in front of Yeung Kue Wan's house at his brother, and ; after that -- Tenit were the prisoner, who got $2,000, Tam Tsai the corner of Aberdeen Street and Gage Street, others were $2,000, and Tung Chung $2,000. He did not and remained there throughout the proceedinga.
what the other man received. These The prisoner walked ahead three also got buttons of
along went up the fight of stone steps with about twenty others. Witness a two of the house entering on the
the fifth raDJE the diplomas of rank, one in the possession of his Tung Chung walked tow elder brother Lam Tsai and one in the possession and at the bottom of th of Tung Chung. He produced and identified · down. They appeared
and the soner!
in Li Ka Chukis
his Lordship directed
looked up for
night
would be found for them
for about ten-
this point, and jury were to be Accommodation the Hongkong
know
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