July 27, 1908.]
he would leave their refutation to the straightforward character of the accused and to the improbable naturo of the evidence. A carefully concocted story had boou propared, for was it likely that after a lapse of six months three men could remember auch a trivial detail as the order in which they had walked up and down stairs ou a particular day? Mr. Blade, referred to the failure of the Crown to call any of the three Europeans who were said to be in the defendant's house on Christmas Day last when Ip Cheong and his two friends paid their alleged visit with A bribo of $150. If evidence of the kind that hudbo a brought against the defendant was to be believed by the jury, then the po-i- tion of uo public servant in the Colony-the Governor, the Chief Justice, anybody-would be safe. If the defendant was convicted no inspector of markets w uld be found to discharge the duties of his offico fearlessly. In view of all the circumstances. Mr. Slade submitted in concluding a speech which occupied an hour and ten minutes in delivery, reasonable doubt must exist in the wing of the jury us to the trustworthiness of the witnesses, and with that doubt existing it was their duty to discharge the prisoner at the bar.
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CHINA OVERLAND TRADE REPORT.
to was the question-Did he recoive the money or did he not? Were the seven witnesses who swore they paid those bribes porjuring them salves or speaking the truth?
The jury retired at 5.53 to consider their verdict.
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the counts.
The jury returned to the Court at 6.23 The Foreman intimated that the jury unaoi. mously found the defendant not guilty on all
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The Attorney-General in his address to the jury said that bribery if it was an easy charge to bring was also a difficult charge to provo. This was not a case to be lightly passed over. The learned counsel for the defence had stated that the prosecution was a prosecution by the poultry-guilds, wlio wanted him out of the way. That was not the case. The prosecution was the result of information laid by the Registrar- General. Further he would point out that according to the prosecntion-book produced hy the defence there were only nine pro. socutious, four of vbich Werv dismissed, i against Contral Market poultry-dealers during 1902; and for a whole year from June of last year till June of this year there were no pro secutions at all. During 1902 there was only Que poultry-stall presscution in the Westeru Market. It was a significant fact also that that prosecution was on 11th September, 1902, and a fow days afterwards a mooting of the guild was held and a series of bribes was offered him. On the 24th December, defendant stated, the occurrence- book showed that he was on duty at the slaughter-house when the two Chinamen said they called at his house between 4 and 5 o'clock and gave him two bribos amounting to $15. Well, his house was only five minutes' walk from the slaughter-house and it was not improbable that he should be in his house when they called,
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The announcement of the verdict in defeu- dant's favour was received by the crowded Court with a great outburst of sp luuse which was immediately silenced by the officers of the Court.
ILis Lordship --That exhibition of feeling is extremely improper. 1 frust we shall not have a court of justice disgraced in that way by exhibitions of fueling. This is not a theatre but a court of justice.
The Attorney-General-It must surely be rossible, my Lord, for somebody to identify those persous who committed this gross contempt.
The Registrar (Mr. A. Seth)-Usher, cau you point out anybody who was clapping?
The Usher-They were nearly all clapping, my Lord.
The Attorney-General-I think it is a great pity that somebody cannot be punished.
Hi Lordship-Let the prisoner be discharged. As lospector McEwen left the Court he wJs surrounded by a crowd of friends eager to shake hands with him and congratulato him cu the verdiot
The Court adjourned,
Thursday, 23rd July,
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
HIGHWAY ROBBERY.
Chau Cham was charged with having on 20th June last on the Shaukiwau Road Assaulted and robbed a ricksha-coolin named Li Shin of 81 20.
He pleaded not guilty.
The following jury was empanelled: Messrs, F. R. Spence, A. W. Lamperski, F. J. R. Schwarzkopf, E. H. Summers, F. P. de V. Soares, P. B. Shepherd, and P. H. Holyoak.
Mr. T. Morgan Phillips, larrister-at-law, who conducted the prosecution on behalf of the Attorney-General (iustructed by Mr. F. B. L.
how he came to by wearing another man's watch and obain he would have to be convicted,
Yau Luk, the complaíunut, said
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bad the watch and chain along with 8136 in | banknotes in a box in his houss at 21, Lowor Lascar Row. On the morning of the 1st July the box and its contents were - missing.* Ou making a search he found the box, empty, on the roof of the houso. Ho afterwards saw bis watch in possession of the police and identified it.
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Other evidence showed that when, on informa- tion received, prisoner was arrested and was found in possession of stolen property, he sid the robbery was committed by another man who gave him the watch and $12 in Macao.
The jury found the prisoner guilty as libelled. His Lordship passed sentence of two years' imprisonment with hard labour.
Prisoner had been twice previously convicted --once for unlawful possession and once for attempting to commit a felony)
REFORE HIS HOSOUR A. G. WISE (PUISNE JUDGĖ).
THEFTS FROM THE HONG KONG CLUB.
Voejoer, an Indian night watchman at t.e Hongkong Club, was charged with having on the 6th and 14th July stoled from the Club a uiekol watch and gold chain, the property of Mr. Carl Thiel, a diamond ring belonging to Mr. C. H. Blason, and two old studs and two gold sleeve-liuks belonging to Mr. H. A. Fiuke.
He pl aded not guilty.
The following jury was empanelled :---Messrs. A. Hyndman, E. T. Bunje (foreman), J. A. Stopani, J. H. B. Botseb, H. Eyre, A. Cross, and J. D. Osmund.
The Attorney General stated that on 6th July Mr. Thiel missed a nickel watch and gold chain from his bedroom. At half-past nine o'clock that morning it would be proved, the prisoner pawned the chain under a false name. On Lith ipst. prisoner was arrested with the pawn-ticket in his possession. On the 14th Mr. Blason missed from his room diamond ring and Mr. Finke missed two gold studs and two g ld sleeve-links. It would be proved that the prisoner was où duty near their rooms until half-past five o'clock that morning, Later the same morning the prisoner pawned the ring, the studs and the links, also under a false name. The defence put forward before
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the Magistrate was that a servant boy had sold the watch and chain to the prisoner and that he bad pawned the sinds and ring for the same boy from whom he got them The weakness
With regard to the bribe of $100 alleged to Dowley, Crown Solicito:), said in opening the of the d fence would no doubt occur to the jury,
have been received by the defendant in his house on Christmas Day the story told by the three-witnesses was straightforward and ho did not think the jury could fail to accept it as trustworthy.
"His Lordship in summing up, said it was right and fair that they should start with this, that they were dealing with the case prima facie of a man of respectability and good character, who would not have been Inspector of Markots if they had not thought he was a trustworthy, good, and competent man. It was always unplea sapt to deal with a number of Chinese whore you had to keep them in order, because rightly or wrongly, people were apt to think, among certain class of Chinese, that an official thought ho should get a good many perquisites in addition to his sometimes small salary. They were not there, however, to discuss the m rality or immorality of bribery, because it waslaid down in a special Ordinance what the moaning of bribery was. It was a thousand pities that, when the manu, er of the Hop Wo Chan shop went to him about a year ago and offered him a bribe of $200, defendant did not seize hold of him and give him into custody red handed with the $200 in his possession. Remarking that the case had been exceptionally ably conducted on behalf both of the Crown and of the defence is Lordship went on to review the evidence. In conclusion he said there was very little l about the case. Com- monsonse would tell them that if the Inspector of Markets received $150 on the 24th December and $100 on the following day from the poultry. dealers of the markets, it was pretty clear that these sums were offered him with a riow to influenco is conduct as Inspector. What the jury should give their greatest caro
for what the prisoner did in the way of pawning was done under a falso name.
Evidenco having been given for the Crown, Prisoner called two witnesses who however
did not offer any evidence of a rebutting nature. Prisoner then made a statement to the effect tliat he got the stolen jewolry from Mr. Blason's boy and pawned it,
The jury found the prisoner guilty of receiv.
about ten o'clock, complaiunut was returning case that on the night of the day in question,
from the Sugar Refinery at Quarry Bay, to which he had conroyed a passenger, back to Wanchai and was passing the village of Teatshimui when IL man jumped ont from the side of the road, struck him with a bamboo pole, knocked him down, cut off his purse with a knife, and run off. The coolic pursued the thief but was unable to catching stolen goods. him. Subsequently the coolis gave informa tion to the police, enquiries were made and from facts discovered by a Chineso constable prisoner was arrested on 22nd June. He was put in a row of teu men, and complainant identified him es bis assailant. The contained $1.20 and the ricksha-licence.
After hearing evidence, the jury found the charge proven by a majority of six to one.
+ is Lordship asked what was known about the prisoner?
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Inspector W. Robertson said ho had known. the prisoner for the last two or three years; he had not been convicted before but he made his living by illegal traffic in opium.
His Lordship passed sentence of three years' impris nment and ordered that the prisoner get 20 strokes of the birch within the first week of his imprisonment.
CHARGE OF RECEIVING.
MuiKwai was charged with having on 2nd Ju ́y received a silver watch and chain and $12 in money which had been stolen from Yau Luk, pri- soner well knowing the same to have been stolen.
He pleaded not guilty.
The Attorney-General Sir Henry 8. Berkeley stated that the evidence would show that the stolen goods were found on the person of the prisoner when arrested. He was wearing the watch and chain, aud if he could not explain
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A previous conviction of the prisouer for felony was proved.
His Lordship passed sentence of three years imprisonment with hard labour.
The Court adjourned,
Friday, 24th July,
BEFORE HIS HONOUR A. G. WISH (PUISNE JUDGE).
**TO STIR UP THE P.W.D.”
Chau Chung Hop and others sued Chan Fuk for damages for breach of contract in connection." with the palling down of a wall. Mr. P. W Goldring appeared for the plaintiffs and Mr. E. J. Grist for the defendant.
The caso had been adjourned some time at the beginning of last month to allow the plaintiffs to pull down the wall. Nothing having been done up to the present time the case was put into yesterday's list, and the ressons that the plaintiffs gave for not having proceeded with the work was that they had been unable
obtain from the Public Works Department sary permission to pull down the they had not been able to ascertain the amount of damages they had suffered by reason of the alleged breach of contract.