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I stand to defend the cause I am here for, the cause of justice. There shail be no such closure apon facts to be submitted to the jury for their consideration. My learned friend quoted a case whica is not law to-day. There is a later crse cited in England, the Queen against Rhodes, Q.B.D. which was directly opposed 'to it. I am going to put to the jury that the account of the prisoner, which he has not explained, taken with his salary, shows he had an illicit system by which ha supplemented his income. We allege that the accon t in the Savings Bank is in one sense a bogus ac ount, as it is not made by savings of the prisoner's salary.
Mr. Slade That is no charge.
The Attorney-General-It is a suggestion here.
His Lordship-The prisoner has not been asked any questions about his account only with regard to the first item au
bis loan, therefore at present
are
in
the dark as to how far the figures do corres- pond.
The Attorney-General-The figures will speak for themselves.
His Lordship-I don't know; I have not made any comparison.
The Attorney-General-I will. before the jury.
Mr. Slade-I submit my learned friend cannot refer to any other figures than those mentioned. Don't do anything irregular.
His Lordship--I think it is perfectly regular, but it should have been put to the prisoner first.
THE HOGKONG WEEKLY PRESS AND
of, and why should he do that? As to the sugges- tion offered by Mr. Slade that these entries were made by Chan Tsun to cover up defalcations, that would be unreasonable. He was the only son of Chan Pai, and could spend money jast as he pleased Mr Ward had been driven to desperation when he suggested such an er. planation as that. Whether the explanation was or was not that given by Chan Tsuo, it, was certainly not that offered by Mr. Slade.
Mr. Slade-I am taking a legal objection, and would ask his Lordship to ask you to sit down.
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His Lordship requested the Attorney-General to be seated, and he submitted.
J Mr. Slade - I submit the Attorney-General is going absolutely beyond his duty as representing the Crown, or in conducting a private prosecu- tion, no matter how desirous he may be of obtaining a conviction. His duty is not to refer in his address to the jury to anything not included in evidence. There was his last state- ment when I got up to interrupt him about au entry of payment of $30 in one of those books. That ought not to be done.
His Lordship (to the Attorney-General)-I thin you are going too far.
The Attorney-General-I was only saying that this man had sworn that at the time of payment he had made a note of such payments. Continuing, the Attorney-General said the the whole reason for Chan Tsun's making loans to Ward was to secure his good offices; he wanted to influence his conduct. The man was a Chinaman, and the jury would have to con- sider, with their knowledge of that race and its The Attorney-General---I did. I asked thenstoms, whether that was an unlikely thing for prisoner was it his own account, and be said it a Chinaman to do; whether it would be aulikaly | was. My point is this: take the pay sheets which for him to wish to propitiate an inspector. show the prisoner's income, and take the prisoner's bank account for a corresponding period. One does no justify the other.
Mr. Slade With regard to that, my friend is not entitled to do it. He had the accused in the witness lox, aud could bare asked him any question with regard to these discrepancies, and he purposely avoided doing it, I don't think any adverse comment should be drawn from this fact when the man was not given an opportunity to explain, With regard to case to which he attempted to draw an analogy, that charge was for obtaining money by false pretences, and the evidence there was directed to such charge.
the
His Lordship-The Attorney-General cited that case for the purpose of showing corrobor ative evidence.
The Attorney-General-That is so, my I ord. Mr. Stade-And your Lordship allows that to go forward as corroborative evidence, and now in his address to the jury he proposes to put this matter forward.
His Lordship-The caly thing the Attorney- General can do now is to take the figures produced and comment on them.
The Attorney-General-That is the point, (To the Jury)--My friend does not want you to hear.
Mr. Slade That is an absolutely unfair remark and I object to it. My learned friend makes all sorts of insiuuations against me in this case. Whenever 1 interrupt him I am told I am protecting the witnesses. It is not fair, reasonable or proper.
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The Attorney-General then asked permission to hand the jury copies of accused's bank acerunt and his pay sheet, after which he commented on the figures, and referred to the living costs of the accused.
His Lordship then drew the jury's attention to the relative am unts in each year. In 1904 the accused's pay was $1,488 and his savings 8940; in 1903 bis pay was $1.7.0 and his swings $790; in 1906, pay 8825 bank deposits 8354. The cash draft for €150 which he bought on May 1st was paid for out of the savings of previous years, so that was not a deliberate siriog in May 1906 of € 50.
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(October 29, 1906. away why have him go to the Sanitary Office? His Lordship reviewed the evidence at length and in dealing with the endeavour to persuade a witnes from giving erideuce before a Commission, remarked that it was an offence at Common Law. That the subpoena had not been issued did not matter; it was just as much an offence as if the subpons had been issued,
The jury then retired, and after an absence of twenty minutes returned into Court, and the foreman anьounced that six out of seven of them had agreed that the accused was guilty.
not
His Lordship accordingly discharged the prisoner who, as he left the Court, was con. gratulated by a number of friends
The Sessions were adjourned until Monday.
ARRIVAL OF THE GRIFFINS.
The first batch of 42 griffins for the Hongkong Jockey Club arrived from Shanghai by the s.8. Choysang on ctober 25th. They were landed at Douglas wharf and taken in charge by Mr. Gegg, manager of the horse repository. who at once had them driven to Kennedy's stable, where they were drawn for yesterday afternoon. Although scraggy and unkempt, there are some fine looking beasts in tue mob, and under Mr. Gegg's experienced care should tura out well. The following was the result of the drawing:
No. Colour.
Drawn by
1 Dark brown Dr. G. P. Jordan 2 Light dau Mr H. N. Mody
Dark chestnut Mr Murray Stewart
4 Dark bay Sir Paul Chater
5 Grey Mr J. E. Gresson
7 Light brown Mr E. Goetz
8 Grey Mr H. E R. Hunter
Dapple grey M-88rs. Parker and Mackie 10 Grey Mr Marshall
11 Grey Hon. Mr W. J. Gressou 12 Light grey Hon. Mr R. Shewan 13 Dirk brown Mr J. Gray Scott 14 Black Mr H. N. Mody 15 Ligat chestnut Mr Williams 17 Dark bay Mr H. Humphreys 18 Dark brown Mr W. H. Wickham 19' Brown Mr H. P. White 20 Grey Mr C. W. Ross 21 White Hou.
r W. J. Gres-ou 22 Dark brown, Waifooug Mess The Attorney-Generul -The P is ner W38
Brown Mr Ellis Kadoorie reluctant in b ving his account produced, and I 24 Dan Mr H. N. Mody will put it to the jury broadly that the figures in 25 Grey Mr E. H. Hinds it show an undue saving. If it was true that
26 Grey Hon. Mr R. Shewan Ward was bribed by Chan Tsun, then it was of
27 Bay Mr D Macdonald the utmost importance for him to get that maa
28 Grey Mr D. Macdonald out of the country I caunot understand why 29 Grey Mr W. J. Clarke Ward should have sent for Chau Tsuu to get 30 Dark bay Hon. Mr R. Shewan chlo ide of lime when there was one there.
31 Grey Mr W. A. Cruickshank His Lordship, in summing up, informed the 32 Dapple grey Mr T. s. Forrest jurors that although they had been three 33 Dark bay r H. N. Mody days on the cas, he thought they would. 31 Grey Messrs. Parker and Mackie consider the time had not been wasted. 35 Dark chestnut Mr C. W. May They had to perform a serious public duty, ¦ 37 Dau Hou, Mr W. J. Gresson
: and &X special jurymen would not bave Marble grey Mr G. C. Moxon
been called had the case uot been of cousider. 339 Light brown Messis. Parker and Mackie able weight, as the offence was a most serious 40 Dark bay Mr Marshall
O
e in connection with the sanitary administra- 41 un Mr E. Goetz
¦
Dark bay Mr Logan
The following note from the Jupan Mail bas u proposing the health a strong local interest. of the Hongkong Eleren at the Interport Cricket Diuder in Shanghai on the 4th of October the President of the Shanghai Cricket Club is represented as having and that the first interport match was played in 1899. That is a strange historical inaccuracy. The writer of the-e lines was oue of an eleven that proceeded from Hongkong in the spring of 1867 to play the Shanghai team on its own ground, aud Mr. J. P. Mollison of Yokohams was ous of the finest cricketers at that time in Shanghai.
tion. On the other hand, if the jurors found | 42 Dark bay Mr G. K. Hall Brutton the prisoner not guilty and he was acquitted. | 43 Dark chestnut H E. R. Hunter they would be prforming a most important 44 Grey Mr J. A. Jupp The Attorney-General, addressing the duty to a fellow citizau in exonerating him from juros, said that at the outset of this case the a very serious charge. The two offences his jurors had to remember on vory important Lordship said were distinct, although at a cer thing, amely that this charge was the result tain point the jurors would see that the evidence of the seizure of Chan Tsun's books, unexpected crossed. They should obliterate altugsther by Lim and unknown to him. It was also from their minds the fact that there had been a important to remember that Chan Pui and his Commissiou, and that as one of the results of son were not in Court as volantears. They were the inquiry of that Commission the accused present, as might be supposed, very regretfully stood before them. There were certainly two and most unwillingly. They were not pro-distinct features in the charge: the offruce of secutors but unwilling Crown witnesses, and the a civil servant receiving money from a pers 10 jury should remember that when giving their Ofer whom ho was put in charge, and verdict. If the jury hel eved that Chan Tsun there was the legal offence of bribery. made the entries relating to the accused in his After directing the jurors as to the book, it would be for them to say whether they questions they had to decide, his Lordship believed that the money was paid over.
dissected the figures in the bank book of the accused, and said there was no dubt Ward was banking mouey for the purpose of sending home! a draft of $1,136, (£150), but whether the money so saved represented the result of illicit practices, or cime out of his wages or not was a question for the Jury. A good deal had been aid as to Chan Tsun being sent for to go to the office, but if he wanted to get Chan Tsun
His Lordship-I would point out the fact to the jury that these books are not evidence.
The Attorney-General, continuing, said the books were evidence for what they were worth, but he did not want to be unfair. It was, however very important that the jurors should remember what he asked them to, because Chan Tsau made those entries before the Commission was thought
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hat added to the ocasion was that Masara. Jardine, Matheson & Company placed one of their steamers at the dis¿alf the Hong ong eleven for the voyage and from Shanghai and the captain of the star was instructed to cali en route at any place the cricketers desired. These were inde a the days of mer- to visit. chant princes.
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