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February 24, 1906.1
SUPREME COURT.
Monday, February 19th.
IN CRIMINAL JURISDICTION.
BEFORE SIR FRANCIS Piggott (CHI-F JUSTICE).
BREACHES OF BANKRUPTCY ORDINANCE. The hearing of the case against Choi Chang. li, who was charged with committing a breach of the Bankruptcy Ordinance, was adjourned until next sessions.
In the case of U Pan, who was arraigned on a similar charge, the Attorney General announced that he did not intend to file an indictment, and the defendant was discharged. RECEIVING STOLEN PROPERTY.
Shun Tim was charged with receiving stolen goods..
The Attorney General, Sir H. S. Berkeley, prosecuted, and accused was undefended. He pleaded not guilty and the following jurors were called-Messrs. P. H. F. Stone, C. G. 8. Mackie, J. W. Boyes, 8. I. Michael, I. Turner. F. R. Fox and T. J. Mullao.
The Attorney General stated that defendant had been committed for trial ou a charge of armed robbery, but the evidence was not con- sidered sufficient to warrant an indictment, and the charge was consequently reduced to receiv- ing. Tue robbery took place at Shankiwau West on January 19th.
Evidence was heard, in which it was stated that the prisouer pawned a jacket (part of the stolen goods), giving a fictitious name and address. When arrested the prisoner gave the names of two men, whom he said were concern- ed in the robbery, but he denied taking part in it himself.
The jury found the prisoner guilty, and his Lordship sentenced him to two years' imprison- ment with hard labour.
RECEIVING STOLEN PROPERTY.
Wong Tai-kia was charged with being in possession of a pair of trousers on the 15th ultimo at Tokwawan, unlawfully knowing the same to have been stolen.
Sir H. 8. Berkeley, Attorney General, in- structed by Mr. F. B. L. Bowley, Crown Solicitor, prosecuted, and prisoner, who pleaded not guilty, was undefended.
The following composed the jury empanelled -R. Saxon (foremau), W. Goodfellow, L. F. Tegnar, R. Unsworth, Ho Kam-tong, C. E. Herbst and W. G. McBride.
The Attorney General informed the jury that on the night of January 14th some nine men broke into a fish shop at Junk Bay, They were armed with choppers, seized the fishmonger and his family, bound them, and threatened the master if he did not disclose where his money was kept. On discovering this they departed and no trace of the money had since been found. The fishmonger and his sons were unable to identify the persons who committed the robbery, but on February 4th, from information given to the police, the prisoner was arrested, and said to have things in his possession which had been stolen on the night of the robbery.
When the evidence had been heard, his Lordship directed the jury to return a verdict of not guilty, the case against the defendant not being strong enough. They did so, and the accused was discharged.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. WISE (PUISNE JUDGE)
SEAMEN'S CLAUM. Cheung Ting and Cheung Lee, able seamen- sued A. Turner, architect, of Alexandra Build, ings, to recover the sum of $8 each due for services rendered as able 8:amen in sailing the Mary and Joan from Hongkong to Shatim and back,
Mr. R. F. C. Master (of Messrs. Johnson, Stokes and Master) represented the defendant.
His Lordship informed the plaintiffs that 85 had been paid into Court in each case and asked if they would accept the amount. Plaintiffs said they would not.
Cheung Ting, sworn, said he was a saaman. He claimed $8 for eight days' wages at $1 per
CHINA OVERLAND TRADE REPORT.
day. He worked on defendant's boat between Hongkong and Shatim, and a foreman in defendant's employ said that defendant was willing to give $1 a day.
Cross-examined -He was engaged by a man named Cheung Wa on the 22nd Julțimo. Witness left for Shatim on January 22nd, but did not get much wind until the 24th, Oa that day they sailed a long distance, but eventually the wind freshened and a gust broke their foremast. A launch took them in tow on the following day as far as Shatim. They returned to Hongkong on the morning of the 29th ultimo.
His Lordship-Let us have the other man in the box.
Cheung Lee was called and sworn.
Tuesday, February 20th.
141
IN ORIGINAL Jurisdiction.
BEFORE SIB FRANCIS PIGGott (CHIEF JUSTICE!
THE TAIPO murder.
Chan Kam, Wong Sing and Hɔ Ah-wongɑst were charged with the murder of Teot Mingi chang, alias Chau Bang-chan, at Taipo on the 2nd instant
The Attorney General, Sir H. S. Berkeley, prosecuted. The first and third prisoners were represented by Mr M. W. Siade, while Mr. H. G. Calthrop defended the second.
His Lordship-Have you heard the evidenceing jurors were called-Messrs C. G. 8. Mackie, - of the first witness ?—Yes.
Do you agree with him in every particular Yes.
Chenng Wa said the plaintiffs were his fokis and the defendant asked him to engage them. Witness agreed to pay them $1 a day, and they were eight days on the voyage.
Mr. Master said he could produce evidence from another vessel which started for Taipo on the evening of the 22nd, and arrived there on the following evening.
His Lordship said it was perfectly absurd to suppose that the plaintiffs started from Hong. kong at mid-day on the 22nd and could not reach Shatim until the 26th ultimo.
Mr. Master said the defendant did not dis- puto his liability except as to amount What they suggested was that the plaintiffs wera lying in Shaukiwan and celebrating Chinese New Year.
His Lordship-Well they had no business to be there.
Calling the plaintiffs before him, he told them through the interpreter that it was im- possible for him to believe their story. They both told him that they went about a mile on the second day, while their No. 1 shid they went about twenty. They had better t ke the 85 apiec paid iuto Court and be happy.
A DISPUTED ACCOUNT.
The Yow Loong Hing Kes sued L Chi-sau recover the sum of $98.48 due ou goods sold and delivered.
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Mr. C. F. Dixon (of Mr. John Hastings offic) represented the defendant, who admitted owing $47.08, but denied that the balance was due. Cho Yut, master of the plaintiff firm, gare evidence in support of his claim and produced the books of the firm to prove same He said he rendered an account of the amount owing for two years, but the defendant said he wanted separate accounts. These were subsequently furnished.
Chow Wai was the next witness. He said he was employed by the plaintiffs as a foki. In 1904 he supplied goods to the defendant.
His Lordship-Do you know whether they were paid for?-Something was paid on account. Cau you say they were not paid for?-Not in full.
How do you know?-Because I supplied defendant with a bill in the 5th moon.
Do you keep the books?-No; the accountant does.
Well, you don't know what has been paid. What have you got to do with it?-I took the bill to the defendant.
As the accountant of the firm was not present, His Lordship said he would hear the defence.
Mr. Dixon called Lo Che-san, who said he was indebted to the plaintiffs in the sum of $47.08. He asked the plaintiff, to fornish particulars for an account for 869.18 sent him, and at the same time applied for a full amount of his indebtedness. He paid his accounts for the year before last.
His Lordship Did you ever receive account for the year before last P-No.
Where are your books ?—I have no books. Can you read ?—Yes.
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Well, look at those books and produce your receipts. Where are your receipts for the year before last? I told the plaintiffs I had lost all my receipts before the 6th moon.
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The three pleaded not guilty, and the follow-
A. R. Lowe, C. E. P: Herbst, H. M. Tiefen. bacher, H. F. Campbell, E. 8. Clark and 8. I.
Michael.
The Attorney General, in opening the case for the Crown, said the deceased was an Excise ! Officer stationed at Taipo, and on the night of February 2nd or early on the morning of February 3rd met his death. On the evening of February 2nd there were in the house, inolad- ing the deceased, a young boy and two chair coolies; one of the latter being Chan Kam. The two chair coolies went to Chisu Beng-chan on February 1st and offered their services, their object from the commencement being robbery. About 6.30 or 7 ojclock the matshed in which the deceased lived was closed for the night, and the two chair coolies laid down to sleep in the front room, while the deceased Chan Beng-chan went into the inner room, afterwards returning to the front room to sleep. About midnight the boy was awakened by hearing his master call out, and on looking saw the two chair coolies struggling with him. The boy tried to beat the assailants off but failed, and finally the chair Come," with the result that coolies called out five men rushed into the room. Chan Beng. The boy chan was overpowered and tied up. was also tied to the table. The house was ran- sacked and the gang departed with their booty. The boy managed to free himself and finding bis master still and white, rushed to the Taipo police sta ion. The officer in charge telephoned to all the blockhibases on the frontier with information of the outrage and then visited the Gous, where the deceased was found apparently dead.
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A post-mortem examination was held subsequently by Dr. Hunter, who gave it as his opinion that death was due to manual strangula- tion, finger marks being found on the throat. There were other Braises but no internal injuries. The news of the murder having been circulated by the prompt action of the boy, the police were on the look-out for the assailants, and at 3.30 a.m.. about two and a half hours after the occurrence, an Indian sergeant on daty near the frontier saw four men approaching from Taipo. Step- ping out from his ambush he succeeded in arresting two of them, but the other two bolted; one was captured, but the other crossed the frontier and escaped. When searched certain of the stolen property was found on the persons of each of the prisoners, and they were taken to the police station. The Attorney General laid down his reading of the law. Where a number of men set out to commit a felony, and a life was taken in the carrying out of that felony, it was murder, and all who participated in the original felony were guilty of murder, whether they actually took part in the murder
or not.
Mr. Slade objected to the proposition as put. The Attorney General, therefore, commenced to quote authority for his contention, after which evidence was heard.
After hearing the evidence, the jury found the three prisoners guilty, and his Lordship sentenced them to death.
The Chief Justice also commended the Indian constable who arrested the defendants on his ⠀ smart capture of the culprits before they escaped scross the frontier.
IN SUMMARy JurisdicTION.
BEFORE ME. A G. Wish (Puisse Judge),
MALICIOUS PROSECUTION. Wong Iu-tung claimed the sum of $500 His Lordship-There will be judgment damages from Lan Man for an alleged
malicious prosecution, and costs for the plaintiffs.
His Lordship-Do you wish to go on? finished Mr. Dixon-No. I have examination.
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