480
Chinese watchman came up and heard a state- ment from the dying woman's lips which would be offered in evidence. This statement was made by the woman at the very point of death. For sometime the matter remained a mystery; no clue could be had as to who com mitted the deed. The woman died the day after she was found lying wounded, so that from that date till October no one was arrested on the charge of being implicated in the outrage. The police however were making en. quiries and ultimately from information received they had been able as the Crown believed to bring home the charge against the two men who stood empanelled. Of course the Jury would understand that the plot about the assassination of this woman was kept absolutely secret but for some reason or other there was] a split among those who were cognisant of the orime. They would have to rely on the evidence of a man who was not an accomplice but who undoubtedly was aware beforehand of what was going to be done and knew all about it. He would tell the jury that on the 9th of May he was in an opium divan when the two prisoners came in. He said he knew them. He also knew the husband of the deceased woman and on the night before-hand the two men came into the divan where he was together with the husband of the deceased. They wero altogether in the shop, He heard the husband say that he was very much ashamed on account of the conduct of his wife and proceeded to say that it would give him great satisfaction if some one would kill her. The second prisoner then asked how much the husband would offer and Was told by the husband that he would get $30 if he did the deed. This witness would also state that the husband was in the divan when the prisoners
in.
all talked about the They matter that had been arranged on the previous night between the husband and the second prisoner about the killing and according to the witness's story he heard them say that they would go out that night about that busi- ness, He (the witness) said it was not right to go about this business and told the prisoners it was a very serious matter. They had offered him some money to say nothing about it. This
came
he refused.
After hearing evidence, the jury found the charge proving.
His Lordship sentenced the men to death.
Tuesday, 22nd December.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR SIR WILLIAM
M. GOODMAN (CHIEF JUSTICE).
COMMITTALS TO THE SESSIONS, The Hon. Attorney-General, Sir Henry S. Berkeley (who was instructed by Mr. H. Hurst house, of Messrs. Dennys and Bowley), stated that in the last case on the list, in which the defendants were Chan Sai and Wong Hing Kwai, he did not intend to present an indictment against the second, and be asked that he be discharged. He proposed to take that case in the afternoon if the witnesses came in from the New Territory. Otherwise he would have to ask the Court to sit on the following day.
His Lordship-When was this case com- mitted P
The Attorney-General-The 17th. His Lordship said he was not at all sure that the case should be taken at the present Sessions. The old practice so far as he could recollect it was that prisoners were entitled to four days' grace. The Sessions began on the 18th, and they had everything arranged for them, and now on the 22nd he had the depositions and indictment put into his hands for the first time. Probably it would be better to ask the prisoner if he wished his case to be taken at these Sessions. In future it would be better not to commit cases the night before. In England it was different, for there was a grand jury sitting and they had nothing else to do but to take the bills that came before them. Here the Attorney-General had to draft the indictments himself, and when the Session had begun he had to be in Court all day long and had not time to deal with late
cases.
The Attorney General, said that they would take that cougar in future.
THE HONGKONG WEEKLY PRESS AND
|
His Lordship added that he would be glad if | they would not commit cases after, say, the 16th. Later cases should be adjourned till the next month's Sessions in order to allow the deposi- tions to be got ready.
CHARGE OF MANSLAUGHTER AGAINST A JAPANESE.
.
Tosuke Tabai, a young Japanese, was charged with the manslaughter of a Chinese coolie at Quarry Bay on the 8th December.
He pleaded not guilty and was defended by Mr E. H. Sharp, K.G.. barrister-at-law (instructed by Mr. J. Hays, of Messrs. Johnson, Stokes and Master, solicitors),
The following jury was empanelled : Messrs. C., Gorham, C. B. H. Schumacker, A. Reid, G. Rust, G. H. May, S: A. Joseph, and J. Christie.
some
trouble
arose
The Attorney General in opening the case stated that it was alleged, that when the deceased coolie was working coal on the steamer Mandasan' Maru between the prisoner, who was acting as ta lyman, and the deceased. It was alleged that prisoner pushed the deceased coolie over the side of the ship into the water, with the result that the coolie was drowned. The body was not found for some time afterwards, when it was discovered that fracture of the skull had caused death. The case. for the defence before the Magistracy, and he presumed it would be the same there, was that while the prisoner was in charge of the coaling gang he spoke to the deceased about the way he was doing his work, whereupon the coolie became insolent and threw a lump of coal at the prisoner, who jumped up from his seat and rushed towards him; that the coolie was frightened and on his way over the
side of the ship fell into the water, and
not that the prisoner was close to him when he so fell. It did not require that the prisoner should actually push the man over the side to be guilty of man- slaughter, for if one person pursued another and the luter was in fear of his life and jumped overboard the former would be guilty of causing his death. But that was not the case for the Crown; their case was that the prisoner pursued
the man and caused him to fall overboard- pushed him over the side with his hands.
Evidence was then taken for the prosecution, similar to that which had been given when the -case was before the Magistracy.
|
[December 28, 1903.
plank leading from the ship to the wharf he | slipped off, fell into the water and was killed.
Evidence for the defence was given by fellow- countrymen of the defendant.
After counsel had addressed the jury and his Lordship had summed up, a verdict of not guilty was returned and the accused was discharged, The Court adjourned till to-day at 10 a.m.
Wednesday, 23rd December.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR SIR WILLIAM M. GOOD MAN (CHIEF JUSTICE.
ARMED BOBBERY IN THE NEW TERRITORY. Chan Sin and Wong Hing Kwai, who had been committed on a charge of being concerned in sey ral acts of theft at the Taitung village in the New Territory on 1 23th November, were brought up.
Mr. E. H. Sharp, K:C.. barrister-at-law, who appeared for the Crown (instructed by Mr. H Hursthouse, of Messrs. Dennys and Bowley), asked that the second defendant, Wong Hing Kwai, be discharged,
His Lordship stated that the Attorney-- General had informed him on the previous day that he was not going to file any information against this man as he did not consider the evidence satisfactory; and as there was no in- formation filed the second defendant had better be discharged by proclamation.
Wong Hing Kwai was accordingly discharged. The case against Chan Sia was proceeded with, the charge being receiving stolen goods.
He pleaded not guilty.
The following jury was empanelled :— Messre. E. H. Summers, A. T. F, Bane, B. J. Spittles, G. H. May, U, B. H. Schumacher, A. Becker, and W. Domnich.
a
WAS
Mr. Sharp said the charge against the prisoner was receiving stolen goods knowing them to have been stolen. The goods, consisting of clothing and jewelry, were stolen by an armed gang of robbers on the night of 28th November last from two adjoining houses in Taitung village and were found shortly after- wards in the prisoner's house in the neighbouring village of Ping Un. The only inmates of the houses where the robbery occurred were women, who were so terrified that they were unable to identify the robbers. Therefore this man was Mr. Sharp, K., in opening the defence said charged not with being concerned in the robbery there was no doubt that this coolie, or a coolie, but with having received the stolen goods. died from a blow received in falling overboard Three robbers were seen by the women inmates, from the Mandasan Maru. Also they made no but it was believed the gang was larger. The two houses were rifled of everything of value- question that the unhappy defendant was con- cerned in the matter. Nobody regretted that in one case to the extent of about $100 and in circumstance more than the defendant himself. the other of 360 or $70. The robbers intimidated The only question for the jury was what the the women with firearms and the latter were so of defendant did. He thought he would be able to frightened that they hid under the bed-clothes.
A few days afterwards, in consequence satisfy them that he did nothing unlawful or improper in any way, and that the death of this information received, the police obtained a warrant to search the prisoner's house and whole of the coolie was caused by misadventure; that was to say, it was an unfortunate accident. Defendant found there nearly the
of three tally clerks working on
stolen property. Some of it was concealed. found in was one
There were three scales alongside Oue bundle of clothing the ship.
So it tub of grain.
was perfectly the hatch. Prisoner was sitting at the front
two other tally clerks at evident that the man tried to conceal the fact scale and the the two others. Coal was being taken out that he had these goods in his house. He was of the ship by coolies, and after it at first charged with actual robbery and he then weighed at these scales it was put down the made a statement which amounted to an shoots. The tally clerks were troubled by the admission of the offence with which he now coolies trying to “squeeze "coal. It amounted stood indicted. He gave the name of the man to this, that more coal was taken off a ship than who organised the robbery and said that this man brought the goods to his house and asked How the coolies disposed of was weighed. it afterwards to their advantage need not be him to take care of them for him. Prisoner took them knowing them to have been stolen. In enquired into. Naturally the coolies cherished no goodwill towards the tally olerks whose fact, he admitted the offence of receiving; and principal duty it was to prevent this petty the jury, Mr. Sharp said, should have no hesita- theft of coal. It was the essence of their position in finding him guilty of that charge. tion that they should not be very much liked by the coolies in whose way in this respect they were obliged to stand. defendants had been obliged to recall several baskets of coal before this unfortunate accident. No doubt the coolies were a little annoyed. Just before the accident a lump of coal was thrown at the defendant. It struck him on the He did not head but did not hurt him much see who threw it. Then a second lamp was thrown; he saw who throw it this time; it was He got up from his chair and the deceased. went towards the coolie to hand him over to the foreman. The man, knowing what he had done, ran away and in going down the gang
was
The
After hearing evidence the jury found the prisoner guilty as charged.
His Lordship passed sentence of two years' imprisonment with hard labour.,
The Court rose.
The 8. Petersburg Viedomosti states that it is intended to send to the Far East next year the Russian transport Kamchatka, of 7,200 tons, which has been built at the new Admiralty yards, and is now lying in the Nova. She is designed to supply coal to warships afloat, and has accommodation for 3,500 tons; alsó for 32 officers, 1,000 men, and 16 horses.
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2.