Page
October 29, 1906. |
SUPREME COURT.
Friday, October 19th.
IN CRIMINAL JURISDICTION.
BEFORE SIR FRANCIS PIGGOTT (CHIEF
JUSTICE).
ALLEGED MANSLAUGHTER.
George Street, warder in Victoria Jail, surrendered to his bail on the charge of man- slaughter of a prisoner named Wa Luk.
Sir H. S. Berkeley, K C., instructed by Mr. F. B. L. Bowley. Crown Solicitor, prosecuted. and Mr. M. W. Slade, instructed by Mr. E. J. Grist (of Messrs. Wilkinson and Grist), appeared for the defendant.
Prisoner pleaded not guilty, and the following jurors were called :-Messrs. I. C. Knyrett, W King, S. W. A. Uldall, J. Craik, G. Preedsmano, C. › chulleubach and J. B. Scott.
was
!
CHINA OVERLAND TRADE REPORT.
Monday, October 22nd.
IN SUMMARY JURISDICTION.
285
shot or stone drill. He left the platform that! morning several times, but every warder had to get off to change the drill or teach the mea how to do their work. He did not get down to teach that particular man (deceased) how to do BEFORE MR. A. G. WISE (PUISNE JUDGE). his work. Some new men were very clumsy at doing shot drill, but he had no occasion to find fault with anyone thai day. He could swear he did not push or strike any man that day.
Mr. Slade then stated that the Attorney- General had not called the whole of his witnesses. The jury should bear in mind that it was always necessary for the Crown to prove their case. The ex-lukong's story was not corroborated by neither by the men working on either side any of the 62 prisoners, of the deceased. With regard to the medical evidence, while one doctor admitted the fact.
one would not at first say whether he thought it probable that the deceased could live and work for 24 hours after be had ruptured bis spleen, or whether the hæmorrbage caused by a rupture of the spleen mould not in all probability incapacitats him from work. Why ope doctor should be unwilling to state a perfectly obrious commonsense fact, he could, not make out.
THE COST OF TREE PLANTING. The case was concluded in which Wong Wan and Wong Luk claimed from Yu Wo kai the sum of $964.85 for the planting of fir trees in the New Territory.
Mr. J. H. Gardiner (of Mr. O. D. Thomson' office) represented the plaintiffs, and Mr. R. F. C. Master (of Messrs. Johnson, Stokes and Master) appeared for defendant,
His Lordship said, on the conclusion of the evidence, that he was perfectly satisfied no planting or sowing had been done by plaintiffe, although a number of pits had been dug Ai they did no planting they should get something less than the contract price of the work.
Mr. Gardiner said that having regard to all the circumstances and the delay caused the plaintiffs, be would ask for the full contract price 11 cash per furlong.
His Lordship --You have my views and it is for you, gentlemen, to decide.
Mr. Gardiner-It is for your Lordship to
The Attorney-General informed the Court that the prisoner, who was a warder in the jail, was accused of having feloniously and unlaw fully caused the death of a prisoner by striking him, poking him and giving him a blow with a truncheon while the man was engaged at bard! labour in the prison. The effect of that blow, it was alleged, was to rupture the spleen of the prisoner, who apparently at that time suffering from an enlargement of that organ. It appeared that the rupture at the time was slight, for the man made no complaint. The blow was struck about 1230 p.m. on the 24th ultimo and the prisoner continued at his work of hard labour for the rest of that day during the regulation hours. He appeared to have taken his meals as usual and went to bed, and on the following morning took his meal in the cell and in due course was paraded for hard labour and went to his work. At eight o'clock that morning it was said that deceased fainted. He was taken to the jail hospital and examined by Dr. Moore who could find no external injury to account for the condition the man io. At about a quarter to eleven that morn- ing Mr. Craig, the assistant superintendent of the jail, saw the deceased in the hospital and deceased made a complaint to him. In consequel Ce of this Mr. Craig sent. for several warders, including the accused, and made them file past the place where deceased, i was lying. The accused was the last of fire to pass, and on his passing deceased pointed to him and charged the warder with having struck him with a truncheon on the previous; day. Mr. Craig then took the depositions of deceased-which he was entitled to do under the Ordinance, being a Justice of the Peac ›— in the presence of the accused, and the warder cross-examined the man. What reliance could Defendaut said he employed the plaintiff be placed on what the man said was for the jury casually, hut the la ter bad got the to decide. He was evidently worse tban idea he was in his employ. The plaintiff anticipated, and on the advice of the jail doctor. Was in the employ of another person was removed to the Government Civil. Witness had employed him in the month of Hospital for farther attention. There Dr. June, and had paid him.
! Koch examined him, and found that it was necessary to operate at ouce, and remove
His Lordship then explained the salient! points to the juy who were unanimous in their | decide. verdict of not guilty, and the prisoner was discharged.
PRISONER COMMITTED FOR PERJURY.
Chan Ming, & prisoner who was a witness for! the Crown, was then called up.
His Lordship, addressing him, said-I believe that most of the statements you made in the box are lies, but as I am going to commit you to prison for perjury I will specify the precise lie for which you are going to prison. You said, that you had been struck only by one European warder and one Indian, thereby denying what you had said in the Police Court, where you said that several warders bad struck you. You also said that you had made a complaint to Mr. Craig, whereas it is perfectly plain from the records produced tha you had not. I senterce you to three months timprisonment with hard labour.
Was
i
the spleen which Was ruptured. The great dispute between the Crown and the accused wonld be as to the cause of that rupture whether it was a blow, and whether it was the blow the accused was alleged to have given. If the jury found that accused struck, the blow which caused the prisoner's death, it was their duty to find, him guilty. It was absolutely essential that the persons of prisoners | in R.M. jail should be safe from any attack except in such cases where personal punishment was ordered to be inflicted,
Before the evidence for the Crown had concluded the Attorney General intimated that he did not intend to call further witnesses.
Then Mr. Slade said he proposed to call the prisoner, and the warder was called.
i
George Street, sworn, said he was a warder in Victoria Jail, and was in charge of the lower. yard in the jail in which deceased prisoner was on September 24th. It was not true, as stated, that be struck deceased on the 24th. He never at
Buy time struck him. He had been a warder ! in the jail for about three years, prior to which; he was a corporal in the Derbyshire regiment.
Cross-examined-The 24th ultimo was de- ceased's first day of bard labour, He could not remember whether deceased was on
IN SUMMARY JURISDICTION.
BEFORE MR A. G. WISE (PUISSE JUNGE).
C
A
j
i
{
FIN SPECIMEN OF A HOY." Pau Fan sued William MacLeod to recover! the sum of 814 28 alleged to be due for wages.
Plaintiff told his Lordship he was employed by the defendant as bill collector at a salary of $5 a month. He started work on Jnue 1st and left on October 8th, but had received only one month's salary.
it
Then when he went away for a time he left the plaintiff in charg of his clothing, and on his return found
hat had been damaged to the extent of 827.50. He's a fine specimen of a boy.' said the defendant in conclusion, and that is the way he looked after my aff‹irs." !
་་
His Lordship-There will be judgment for defendant.
MUST APPEAR IN UNIFORM.
In the case in which Wong Chi, a lukong, was summoned by the Kiu Hing Lung for the recovery of $1530, plaintiffs did not appear. When the defendant was called he appeared in
civilian outfit.
His Lordship-1 don't approve of constables cousing down here in plain clothes. They must come in uniform. What did you come down like that for?
Defendant-I didn't know, my Lord. His Lordship-- Well, you had better learn. Constables, soldiers and such like bave got to come here in uniform. All right. Run away.
Although the salvage steamer Protector has been successful in her efforts to red at the leungshan, the vessel is blocked by rocks from getting into deep water. It is expected, how- ever, that she will be got clear with the next high tide. Z
i
¿
His Lordship--I can decide straight off, but I wanted to give you an opportunity of coming to terms.
Mr. Gardiner-Wel'. my Lord. I consent to judgment.
His Lordship said he would fix the price at three cash per furlong.
Mr. Gardiner-But the defendant made it impossible for us to fulfil our obligatious. His Lordship-That is what vou say. Mr. Gardiner-And Mr. Dunn said the some in his evidence,
His Lordship -1 will give judgment at eight cash per furlong for 666 feet, and three cash per furlong for the balance of 105,000 feet. All this trouble has been brought about among themselves. The contractor got 21 cents from the Government, and sub-contracts have been let until the last man got eleven cents, at which price it seems he has been let in.
Tuesday, October 23rd.
IN CRIMINAL JURISDICTION.
BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
THE CHARGES AGAINST INSPECTOR WARD,
Francis Ward. Sanit ry Inspector. sur- rendered to his bail, and was arraigned on charges of accepting bribes on divers dates for the following amounts: -(1) $30 (2) $10; (3) $10; (4) 815; (5) $20. He was further charged with obstructing the course of justice.
Sir H. S. Berkeley. Attorney-General, in- structed by the Crown Solicitor, Mr. F. B. L. Bowley, prosecuted, and Mr. M. W. Slade instructed by Mr. E. J. Grist (of Messrs. Wilkinson and Grist) appeared for accused,
Prisoner pleaded not guilty, and the following special jurors were empanelled :-C. H. Ros (foreman), A. | cdger, A S. Mihara, D. W. ('ra dock, E. H. Hinds, A. Haupt and W. H. T. Daris.
The Attorney-General, in opening, said the acensed was sanitary inspector, and was charged shortly with the double offence of obtaining from a latrine-keeper a b ibe or bribes in certain days mentioned in the indictment, and with endeavouring subsequently to the appointment of a Royal Commission- appointed by the Governor-in-Council to inquire into the workings of the Sanitary Board, and particularly with respect to whether there was any corruption existing among those who had to work the law-to persuade one of the persons connected with this latriue to leave the country in order to prevent him giving evidence before the Commission. The real motive of acting thus suggested by the Crown was to prevent this man giving evidence of certain entries which it would appear he bad made in certain books which had been seized by the Commission. To paraphrase then. it amounted to this: That Inspector Ward received a bribe from the latrine-keeper to improperly influence him in the execution of his daty. When it became likely that the