March 1, 1909:]
SUPREME COURT.
Monday, February 22nd.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
BIG LIST OF CASES.
The February Criminal Sessions opened yesterday, the list containing eleven cases, nine of which were for armed robbery.
of
BREAKING AND ENTERING. Chan Chi was indicted on the chargo breaking and entering the dwelling of one Indar Singh, at 18. Temple Street, Yaumati.
Prisoner admitted entering the house, but denied going there with intent to commit armed robbery.
The Attorney-General, who was instructed by Mr. Dennys, Jun., from the office of the Crown Solicitor, informed his Lordship that on the day of the robbery the two inmates left the the house at about seven p.m.
One of the men returned at nine o'clock, to find the door, which had been securely fastened, broken open, and the prisoner and two other men looting the house. One of the Indians immediately seized the prisoner, who made several cuts on him with a knife, which did not appear to be of a serious character. The other two meu escaped, but the Indian retained the prisoner and took him to the police station where certain of the stolen property was found in his possession.
His Lordship What is the special evidence with regard to the armed robbery ?
The Attorney-General-The prisoner is charged with breaking and entering.
His Lordship passed sentence of three years imprisonment with hard labour.
CUTTING AND WOUNDING.
Leung Tsai was arraigned on a charge of wounding with intent to cause grievous bodily harm.
CHINA OVERLAND TRADE REPORT.
ARMED ROBBERY.
Han Tak and Ho Kwong were indicted on a charge of armed robbery at Yaumati on January 2nd. The same jurors sat as in the previous
case.
The first prisoner pleaded guilty, but said he only got $4 of the proceeds
The second man tendered a similar plea, ro- marking that his share of the proceeds was between $3 and $4.
The Attorney-General--This is really a bad case, and I think it right to tell the facts to your Lordship.
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The
His Lordship-It is not armed robbery, is it? →ttorney-General Yes, my Lord. Proceeding to give the facts of the case, the Attorney-General said the prisoners were in company of four other men who had not been arrested. The woman who lived in the house was there alone with her small boy when two men called and started talking to her about renting a house. Then they pushed her inside, She stated that one tied her hands and both threatened her with knives, and tied her hands. asked for money. Four other men then entered the house, being shortly afterwards followed by two amalıs. These women were seized and
their pleasure and got away. The witnesses gagged, than the men ransacked the place at
were tied together with wire.
these two men were armed?
His Lordship Is there any evidence that
The Attorney-General-There is no par ticular evidence that these two were. The wit nesses say that all the men were armed. the
His Lordship-According to the Ordinance persons convicted must be proved to have been armed.
The Attorney-General said his reason for framing the indictment under section 2 and not under section 1 was that it was capable of proof proving that there were two or more persons. of acts of violence under section 2 and also of
His Lordship sentenced each of the accused and to receive a flogging of 24 strokes. to five years' imprisonment with hard labour,
A BORDER CASE.
Prisoner pleaded not guilty and the follow-robbery preferred against Li Ka Fuk, the The same jurors heard the charge of armed ing jurors were called: Messrs. J. Ramsay prisoner pleading not guilty. (foreman), F. P. da V. Soares. H. E. Scrived. L. A. Rose, A. Ritchie, H. W, Schierenberg and H. B. Davidson.
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out, prosecutor apparently freed his legs, and with his hands tied behind went out and gave chase. He saw the first man running and carrying a box. There was a policoman in the vicinity, and No. 1 dropped the box and ran, but was arrested. It appeared an extremely clear case, and the prisoner in his statement admitted carrying the box, but stated that he had been asked by other people to do so.
The jury returned a verdict of guilty, and the accused was sentened to five years' imprisonment with hard labour, and to receive a flogging of 24 strokes.
THE ROBBERY IN YAUMATI BAY..
Hung Tik Un and U Pang Chau appeared to answer a charge of armed robbery in Yauma- ti Bay near Mongkok on January 13th, and both defendants pleaded guilty, the first defend- ant stating that ho committed the crime because the prosecutor owed him money.
cisely the position No. 1 took up before the The Attorney-General stated this was pre-
of claim or right because of the fact that he Magistrate. Apparently he asserted some sort
denied that he had any sort of claim in it what- was formerly a partner in the junk. Prosecutor
ever.
His Lordship What are the facts ?
The Attorney-General said this offence was committed at about 9.30 o'clock on the 13th January while the junk was lying off Mongkok. The master of the junk said that the first prisoner formerly had a small share in the craft, but at the time of the robbery he had no interest whatever; all his claim had been satisfied. Prosecutor was away from the junk on the day in question, and when he returned he found that his vessel had been. boarded by thieves and a box containing $140 in subsidiary coin and a quantity of clothing stolen.
Some of the stolen property was subsequently discovered, having been pawned by the second defendant, and this property was identified by prosecutor. As to the robbery, there were three witness who spoke definitely as to three men going on board, two armed with knives and the other with a firearm. A fourth
warned not to make any noise, shoved into the man was lying alongside. Those on board were
hold, and the articles mentioned stolen.
this being an armed robbery?
His Lordship-There is no question about
ed guilty.
The Attorney-General-No, they have plead-
His Lordship, after telling the first defendant that he was not sure whether his defence did not make his offence worse, sentenced each prisoner to five years' imprisonment with hard labour,
and to receive 24 strokes of the birch.
this affair took place at Tsuikon village at The Attorney-General informed the jury that
tor, a woman, was in the house with a little girl about midnight on January 14th. The prosecu-
of seven She said her house was broken into and she was violently assaulted Hy four men, who tore her silver bangles off her arms. At the time, prosecutor says, prisoner was standing at the door keeping watch. The evidence of the prosecntion was based on the statement charged by the police, in his statement of the woman herself, but the prisoner, when admitted that he stood at the door and watched. It was right that the Attorney-General should tell the jurors that the accused made a long statement before the magistrate in which he denied his former statement, aud accused the police of causing him to make that statement by BEFORE HIS HONOUR SIR FRANCIS PIGGOTT force. This the sergeant accused (lenied.
The jury, without retiring, found the prisoner
The Attorney-General told the jurors the prisoner was before the Court on a charge of maliciously wounding with. intent to canse grievous, bodily harm. The affair, apparently. was the result of some and took place
petty quarrel on board the steamer Kum Sang. The prosecutor was a deck boy on that ship. while defendant was a seaman. The boy would state that on the day in question he had a conversation with the prisoner in relation to twenty cents which the prisoner owed him. The latter retorted that he had already paid the money at Calcutta. In the dispute which followed the prisoner attacked prosecutor with a knife and stabbed him several times. This story of the boy would be corroborated by two other witnesses. After inflicting these wounds the prisoner let himself down by a rope i on to a sampan and was about to leave when the
His Lordship-You are sentenced to five sampan was called back by the third officer and years' hard labour. the prisoner taken into custody.
You look a poor sort of creature, and I don't know that you can stand the wounds, the doctor would state that pro-much flogging, but you must have twelve secutor was in a very critical condition from loss strokes. of blood for a few hours
Before the Magis- trate the prisoner made practically an admission of the charge, but alleged that the prosecutor first attacked him with an iron bar.
Regarding
His Lordship remarked that the witnesses who had left by the steamer had given their recognizances.
The Attorney-General said he understood that the agents had communicated with the magistrate, and the magistrate said he did not think it was necessary for them to stop.
His Lordship-I think the magistrate has made a mistake.
The Attorney-General-It appears in the original depositions at the outset that the pri- soner pleaded guilty.
His Lordship said the magistrate was functus officio after he had made the inquiry, therefore he would not estreat the recognizance.
The jury returned a unanimous verdict of guilty, and prisoner was sentenced to three years
hard labour.
guilty.
THE ARMED ROBBERY IN COCHRANE STREET. committing armed robbery with certain persons han Lai was arraigned on the charge of
not in custody at 16, Cochrane Street, on the 5th instant.
Prisoner pleaded not guilty, and his case was heard by the same jurors.
The Attorney-General informed the Court and jury that this case of armed robbery took place at 16, Cochrane Street. in the city, on the 5th of the present month. The case was quite a simple one: the prisoner, in company with another mau. went to the house mentioned, mess. which was a place where there was a coolies This was at 11.30 in the morning. when all the coolies were exception of the cook.
out with the two men entered, caught hold of him, tied his He would state that
hands and legs and gagged him, while, as usual a third man was watching at the door. The robbers then took all they could discorer in the in the place and departed. As soon as they got
The Chief Justice then thanked the jurors return again until to-morrow (Wednesday).. empanelled. and told them that they need not
Tuesday, February 23rd.
IN CRIMINAL JURISDICTION.
(CHIEF JUSTICE).
ARMED ROBBERY AND KIDNAPPING.
Shek Yau Kwai was indicted on charges of armed robbery and kidnapping
at Kato Island on January 11th.
I
* Accused entered a plea of not guilty, and the following jury was empanelled:-E. W. White. (foreman), S. H. Dutton, J. J. von West, G. R. Edwards, L. E. Lammort, J. McCubbin and H. S. Hendry.
The Hon. Mr. W. Rees Davies, K., ins- tructed by Mr. Dennys Jr., from the office of the Crown Solicitor, appeared for the prosecu- tion, prisoner being undefended.
and jury that this affair took place on the The Attorney-General informed the Court
sea near Koto Island at Mirs Bay on January 11th. The prosecutor lived on the boat with his wife, and they had on board their own two girls and a boy who was alleged by the prisoner to bo his son. This child had been apparently sold to the prosecutor, not an unusual thing for Chinese to and they wished to adopt a son. On the night do whore a family was composed of daughters
of January 11th, prosecutor and his family who were asleep on their boat, were awakened by a man coming on board. Prosecutor asked what was the matter, and was told to keep quiet-or he