466
The man denied this and the case was continued.
There was no direct evidence against the second and third prisoners, who had been arrested subsequent to the occurrence, but they had incriminated themselves in statements made in the charge room and at the Magistracy In these statements they admitted being of the robber gang, but said they had been afraid to go on board the lighter in question. After hearing the evidence the jury returned & verdict guilty.
There was another charge of robbery, but the men having been already convicted on one serious charge this case was not proceeded with.
The Chief Justica in giving judgment said- While you two (second and third prisoners) watched, your companion entered, in the dead of night, the lighter in which this workman and his family were sleeping. He made a murderous assault. on the man and injured his wife when she came to help him. You (first prisoner) stabbed the man Lo Tai on the head, and it was lucky that some serious injury did not result. You then made a bold bid to escape, and nearly got 14 scot free." It was only on account of the bravery of the Indian in charge of the yard, who got you by jumping into the water, that you were arrested. You are a dangerous man and must be kept away from the community for some time-five years and twenty-four strokes of the birch within the first six months. And the same sentence to each of you, because you are equally guilty.
THE HONGKONG WEEKLY PRESS AND
Thursday, 22nd December.
IN CRIMINAL JURISDICTION.
BEFORE SIR H. S. BERKELEY (CHIEF JUSTICE).
ALLEGED MURDER.
[December 26, 1904.
third jumped into the boat. I wanted to go but he (Smith) said I need not go, so I did not got ! I walked on the wharf and saw the boat off, and saw one of the prisoners hoist up a sail; then they disappeared, heading towards the China. I waited for the return of my boat. A man named Fung Tsat Sing and my son Kwok Su came up to me and made a report; my son was Charles Smith, age 20, unemployed seaman, carrying a jacket which was wet. He was fixed abode U.S.A.; Erik Hogman, age 22, un-wearing dry clothes, but his hair was wet, I employed seaman, fixed abode Finland; William went up to Central Police Station with him and Nason, age 17, unemployed seaman, fixed abode made a report. I had given my wife $20 on U.S.A., were charged with having, on the 27th the previous Friday, but do not know if she November last, in Victoria Harbour, wilfully and had any on the sampan. I next saw Kwok Nui maliciously with aforethought, killed Chan Yee. and Kwok Sai Do, my other children, on the The Hon. Mr. E. H. Sharp, K.C. (Attorney- next Friday. They were in the Detective General), instructed by Mr. F. B. L. Bowley Department at Central Police Station. That (Crown Solicitor), prosecuted on behalf of the was at about ten o'clock in the morning. I Crown, and the prisoners were defended as have never since the night in question seen my follows:-The Hon Dr. Ho. Kai. for Charles wife and other child alive. On the Friday at Smith; Mr. Norman Ferrers, for Erik Hogman; about noon I saw the dead body of my wife at Mr. H. S. Calthrop: for William Nason the Water Police Station, Kowloon. I saw the Mr. O. D. Thomson instructed in rach dead body of Kwok Pit, my daughter, next day instance.
at the same place. A day or two afterwards I was taken in the gaol to see if I could identify the prisoners. There were about twenty in a row, but I only identified опе (Smith). I recognise this (a looking glass); it is my property. It was in my sampan on the night of the 27th November. I recognise this
the stern of the sampan (a broken piece of a tea-cup stand); it was in on the night the prisoners went away. That is my s n; that my daughter; and that my daughter. They were three of my four children on the sampan that night.
The prisoners plead-d not guilty. The following jurors were sworn, eight others having first been challenged:-Messrs. C. H. W. Kew (foreman). 8. J. Michael, T. Banks, C. G. S. Mackie, J. Johnstone, R. H. King and G. M. Smith.
Attorney-General said that the present charge In his opening statement for the Crown the against the prisoners was that of murdering a woman called Chan Yes, by drowning, on the night of the 27th November last He then proceeded to outline the case, but said he would defer any comment till after they had BEFORE MR. T. SERCOMBE SMITH (PUISNE heard the evidence. The law, he thought, was
IN SUMMARY JURISDICTION.
JUDGE.)
THE KAM TAI V. LO SHAU AND LO LEUNG.
In this case plaintiffs claimed $500 damages for trespass in that the defendant did enter upon their premises at No. 66, Kowloon Kai, Central Kowloon City, and seized thereon the plaintiff's furniture, fixtures and goods, and closed their shop. Mr. E. J. Grist (of Messrs. Wilkinson and Grist) appeared for the plaintiffs, and Mr. H. K. Holmes represented the defendants. His Honour delivered judgment for the defendant with costs.
Wednesday, 21st December.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE
SMITH (PUISNE JUDGE).
TSANG TSUNG v. TSANG YUNG-TAK.
Mr. Otto Kong Sing appeared on behalf of the plaintiff, who claimed $980 from the defendant, due to him on a promissory note.
The defendant was absent, judgment, accord- ingly, being given for the plaintiff with costs. HỌ CHAN 1. LO FO, TRADING AS SHUI ON,
The plaintiff claimed $40.30 owing to him by
the defendant on account of work done..
Mr. Otto Kong Sing appeared for the plain tiff and Mr. P. W. Goldring (of Mr. Bruttou's office) for the defendant.
At the request of Mr. Otto Kong Sing His Honour allowed the plaintiff to amend the amount claimed to $39,39.
The plaintiff then called witnesses to prove that the defendant, who was a contractor at the
rew shipyard at Quarry Bay, owed him the amount he claimed; he was a stonecutter and had worked for the defendant
The defendant contended that he was not the master of the Shui On and therefore did not owe the money.
It was proved, however, that he was the master, and Mr. Smith called upon him to show cause why he should not be committed to prison for contempt of court-having wilfully com- mitted perjury in court.
The man's statement being unsatisfactory he was sentenced to fourteen days' hard labour.
Mr. Edwin Mackintosh, of 77, Lancaster gate, W., and of Ickleford Manor, Hitebin, Herts, of the firms of John Swire and Sons and Butterfield and Swire, of 8, Billiter-aquare, E.C., and of Hongkong and Japan, merchants and shipowners, who died on August 11 last, left estate of the gross value of £259,359, the net personalty being sworn at £257,154.
simple in the case. There are only two points that could possibly arise. Where several persons joined together for an unlawful pur- pose, intending to resist such as may oppose them, they were all guilty of murder if death should be caused in the prosecution of that purpose. He should certainly prove that the prisoners set out on an expedition with the
unlawful common purpose of stealing a sampau and of resisting the crew in case the crew en- deavoured to defeat their purpose. He did not suggest for a moment that their sole object was to kill. The worst murderer they had had-Peace was hanged for a murder which, it was clear, he did not set out to do, but he set out for an unlawful purpose. It was also immaterial whether the deceased were actually thrown overboard or whether they jumped overboard, dreading the prisoners' vio. lence. The evidence, he thought, was perfectly clear that they were thrown overboard, but even supposing there were any doubts about the fact the prisoners would be responsible. The prisoners had been here for many months. He did not wish to say more on that point, but the men belonged to a class which was becoming a curse to the community. Acting for the Crown, ho did not desire to unduly pross the charge against the unhappy men, but he thought that. when the jury had heard the evidence they would not be able to entertain doubt that they were guilty of the charge.
Kwok Tai Chan said-I am a sampan man. I owned a sampan on the 27th November-a third class passenger sampan. I have not seen
it since the 27th November. Formerly I lived on it with my wife, Chau Yee-the deceased- Kwok Su, a son sixteen years old. Kwok Nui, a daughter aged thirteen, Kwok Sai Lo, a son nine years old, and Kwok Pit, a daughter aged four. On the evening of Sunday, the 27th, at about a quarter to nine. I saw the prisoners. I was in the street near the Praya. My zampan was lying off the Praya wharf, anchored a little way off
She was close to Pottinger Street Wharf.
The wind that night was light from the north-east: there was a spring tide towards the west. When I saw the prisners they were standing together on the Praya wharf. I asked You want sampan?" and he (Charles Smith) said "Yes."
What ship, please?" I said; he said American, California, China." He say "How Want, go four-mast much charge?" My say Too dark, wind three men, eighty cents." and we agree to seventy cents.
He said "Sixty" He (Smith) carried on the whole conversation. He told me to get the boat alongside, and they wtent down and got on board. The first prisoner climbed down by the mast; the second and
By the Hon. Dr. Ho Kai-I had left my boat a little over an hour when I first saw the prisoners. I was standing about three or four cheung from my boat. I did not meet any of my friends during that hour. First of all I bought some fruit, and then was looking for business. I did not notice any Europeans passing by during that hour, though I was looking for them; and I saw no constables. I first saw the first prisoner coming from the
direction of the German Theatre. It was very dark. I looked into the sampan and saw these exhibits before the prisoners left.
Kwok Su, son of the first witness, 'in his evidence said :- We went out rowing, but the foreigners put up the sail. I was in the bow rowing; my mother was steering in the stern, also my two sisters; my nine-year-old brother was asleep in the main hold. I continued rowing after the sail was put up. First of all I saw one of the prisoners pressing my mother down. Next, another of the prisoners pressed my sister down; I was pressed down too, by that prisoner (William Nason). First of all Nason was sitting down in the well, and then he came forward. He put his two hands around my neck. He bit me on the head just above the ear". He cut my leg with a small knife. He had not the knife in his hand when be first
attacked me; he got it during the struggle. The struggle lasted some time; about half an hour. He was trying to tie my feet with a cord. Finally, he threw me overboard I swam towards the American steamer, and a boat came to where I was and picked me up. I shouted out "Save life." I clung on to the rudder of the American steamer (one funnel and three musts). I was about half an hour in the wafer. I told the sampan people what had happened. They were on their way to Yauma- ti, but turned around and came to Hongkong. I got dry clothes on the sampan, and was brought to where my father was. My mother and Kwok Pit were still on board when I was thrown overboard. I have never seen my mother alive since. I was taken to the gaol to identify the prisoners, There were numerous foreigners put in a row; I identified the third prisoner (William Nason). When I was thrown overboard I was near the Austrian Lloyd
steamer
By Mr. Norman Ferrers-I do not recognise the second prisoner (Charles Smith). I can only speak to the third prisoner.
By Mr. Calthrop-When produced, the knife was open. I was struggling the whole time. I did not get near the side of the boat. At the Police Court I said the Austrian Lloyd steamer was only five sampan lengths off, and the boat that picked me up only two sampan lengths off. It would be difficult to fall over- board,
i