SUPREME COURT.
Tuesday, October Bed. IN CRIMINAL JURISDICTION.
BEFORE SIR Francis P1500ît (Cwer JUSTICE).
7
THE CHARGES AGAINST INSPECTOR WARD
Francis Ward, Sanitary" Inspector, yur- rouderod to his bail, and was arraigned on olmrges of accepting bribes on divers dates for
the
THE BONGKONG DAILY PRESS, WEDNESDAY, OCTOBER 24TH, 1906.
|
Į
When farther authorities had been quoted His Lordship said Now I sóe what the point is; it might simplify matters at this hearing if it is reserved for the full-coart
was not at
we# served his books.
with tha
The Attorney General-If you can get rid | ont. The books were kept at witness' family of one witness with fhipunity you could get home. Ho remembered being served with a 22nd .to attend the rid of the whole lot of them, and then, if my sobposes on Juno leared friend's argument was of any force Banitary Commission. His son When it there would be no wirtue attached to the Com- home at the timo. mission,
witness war saked to produce He handed thom, ovar, wont European sergeant to the contral police station, and from there to the Colonial Secretary's office. Nobody, excepting witness, his son and The Attorney-General said it was almolately tho' manager, was interested in these latrines abvious that if the statate enjoined upin - On June 23rd, at 7-p, accused called at body of men the performance of a duty, itwitness' privato Louse. Another wan, sam-d raust he wrong to prevsat those men perform Wong, accompanied him. That was the day ing that duty, and if there was no statute after his books-but besu taken to the Commis
a misde-sion. Inspector War had been in his family making it so offence, then it was meanour at Common Law. Moro especially home on a previous occasion. Wheusvor ha was it so where this duty was aft of pricato passed he called in: to always feesid and alway's interest, but of publie benefit. The Commission, called in. Accused nerer sat in witness' house in the public interests of this goleny, was before. On the occasion rationed they had a talk. Chan Tuan was not present. Mr Ward ranking an inquiry about the charges of conop- tim against ranitary inspectors which were spoke to him through an interpretor. bing bandied about on the tongus of runour. al MACA that the cas Ho might asy against the acensed would depend on the amount of credibility attached to the evidence of the man, Chua Pui, and his son. The son was the person who said he paid the money under tireuza stances which ha (Counsel) submitted amounted to bribery. It might be contended, in fact it trould he contended, that these porsing were themselves, liable to be indicted for giving tribes, and that therefore they ticipators in the same offence. This case
be loft to m
the jury. They could reject Chan Pai and Chan Tsan's evidener, if they liked, and say they wanted further evidence, but if, after the whole of it, they believed Clan Pui and Chan Taan, they should find www not law that the prisoner guilty. It
in mind what the mature of the joquiry was. Of the two objects of inquiry, one was alleged corruption. On June 21st,the Commission, which was invested with extremely large power, saized the banks of owners of the latrines in question, and Inler! it was found that there were entries of payments made to the inspector. Whether boy were forged entries or not was a question for the jury to determine Daring the period from 1904 to 1995 these Chans might have had it in their wicked mind to bring a falso charge the following amounts:-(1) 834 (9) Stagainst the inspector, but the fact remained to 310; (4) 815; (5) 826 FL was further charged be explained how in the books seized by the with obstructing the coures of justice, Commission such sntries appeared. He trusted, Sir II. S. Berkely. Attorney-Gonatal, in | with everyone concerned in the inquiry, that the inspector might be ablo to entisfactorily atrueled by the Crown Solicitor, Mr. F. B. L
fres their minds of anything' against him. flowley, prosecuted, and Mr. M. W. Slavic instructed by Mr. E. J. Grist (of Messrs. On June 2nd the mcensed woat to Chan. Pufs Wilkinson and Grie!) appenveel for perused.
house at seven in the evening and asked him to Prisoner pleaded not gulity, aud the following, sond his son, Chan Trun, to the country--that spacial jurors were empanelled :-C. H. Kossmuant out of the colony- to Chias Chun Pai would further state that on the 25th of the same (foreman), A. Bodgor, A S. Milar, D., W.
anth he received a mesepe calling him from Cra dock, E. II. Hinds, A. Huspt and W. H. 1. Davis
his house to the latrine in 8an. PaLane. When Tho, Atturney-General, in opening, sift the he went there be Found Laspeter Ward alone accused was
and declares that on that casion Ward spoke a sanitary inspector, and was charged shortly with the double offence to him in Chinese, potiplained that his son had of ohrulning from a latine-keeper à bibu not gone away, and asked him to send him or leibes in certain days mention in the way. Thou it wis stated by Chan Tsau that indictment, and with-endeavouring.nubgalls-on-the 25th Juur te received a couge, in 'to the appoisítament of a Royal Commission-conquency of which he went to the branch appointed by tho Governor-in-Council to inquire office of the Sanitary Department is Pokfulam into the workings of the Sanitary Bond, and Rond and saw the accused, who again urged him to leave the colony, and promised if he did so particularly with respect to whether there was any sorruption existing among those who had to look after hin latriuss for him, Tasse facts to work the law-to persuade one of the persons! would be sworn fe, and the Attorney-Geners conneeled with this latrine to leave, the rubmitted that corroboration was not necessary. country in order to prevent him giving although it was usually desiraldo. He would evidence before the Cammission. The real produce the books showing the entries of motive of acting thus suggested by the Crown amounts paid to avensed. was to prevent this man giving esidears of eorizin sutries which it would appear les had made in certain books which lind berez seized by the Commissien. To paraphrase then, it amounted to this: That Inspector Ward received a bribe from the latrine-keeper to The Attorney-General-This is my sabunis- “improperly-intiuorce him in the-execution-|-ziom, sud the law is, the nathority and-will-diver!- of his duty. When it became likely at the us. As I shall show présently, corroboration is not avidezes would be brought home to the need, areosary in law. Tho case against the accused he tried to persuade this mazu to learn the in the commission of a statutory offence, that is, country. It was as offence against Common
of obtaining a brie. This which was and is in Law to abstain from giving evidence England a Common Law offenes has been made beteren commission lawfully appointed under here & statutory offenen; int is to say, with
..
Mr. Shude Entries in looks, this Attorney General knows perfectly well, are not permissible in evidence I have refrained from intere apting bit, au when he rey's corridoration in not necessary, 3 way he is entirely wrong.
the Statute. It was also nu offence to obstruct there
or hinder any person or body of persons freza the performance of a duty imposed upon him or them by law. The question was whether he should be able to establish against the prior a state of farts which would bring him within the danger of the law. If the eponker could establish the facts that Local did ohtafu the money, and did endeavour, after the Commission was appointed and the books six-d, to get the man who dare the antrum of payments to his to leave the country, that would be proof that Ward obstructed the duty imposed on
The accused
that
MAD.
sometime YAN
A special ordinance
respect to the accepting of bribes. The second case against the acensed was the Common Law office, as he submited, of obstructing and bindering the performanes of a duty impond by law. When the Commission was issued by the Governor-ip-Corneil it was issued under the authority of an ordinance of this calony The Commission imposed upon the commissioners certain duties, explicit, clear and positive, Among those duties was that of inquiring into the very serious and important blic question as to whether or not there was
Mr. Slada-Lobject to the conversation antess my friend undertakes to call the interpreter, Then this man's statement could be recaired as confirming what the interpretar-sail. Worl going to that house, as is alleged, with an inter preter, shows prima fazie that Ward cannot speaks Chinero. What Ward said to the inter- preter, if it could be repeated, would of coures be vidunes againd him, but for this man to say what the interpreter said to him is not
Ward. Unless this were par-evidence against
scorel
da
corruel translation t]ET
idenen is not admissibl The Attorney-Cloueral-Wazil, by-taking tlat interpreter with him, gatitated that man as his agent, And what the agent sesid by tha authority of his izployer, Ward, is evidence. When the witness has told us what Ward said. a man coulit not be convicted upon the there, it will be quite competent for the latter uncorroborated testimony of an approver. In to satisfy the jury that the agent escordul his practies it was right sad proper for the presid.anthority and said more than he was told, or ing judge to point out to the jury that it was that he said something hy was an old. Wit drugemus to commit a man upon the evidence the interpreter, who is Ward's agoff, told the of a approver. The Modical Officer of Health witness mast not be precluded from the jury. was the called for the Crown,
Mr. Sladu-As my friend is suggesting what position to take up it is only fair to state that the necusad any he was not at that house that night. This ridendo says that. Ward came to his home with noother man fut the other man is not produced,
Dr. Francis Clark, sworo, said he was the Government Medical officer, and was lately acting as Chief Medical Officer. Accused was a sanitary inspector, and was appointed on March 1901. It was part of his duty to sea the intrine bye-laws were carried ont under certain bye- laws issued for guidanca Aceased joined on a salary of £170 a year rising by £ a year to £215. He was now receiving a salary of £180 A year converted into dollars. That was his total salary. There were no other emoluments, The district inspectors worn under seniors nach seator had two district inspestors under
bios
Cross-examined-Accused joined from the polios. Sanitary inspectors get an allowance for proficiency in the Chinese language. There increased knowledge. Ward had not passed were thres, grades, and increases were paid with
soy examination.
His LovÏship--I think I will put this question (To interpreter)--Ask the witness to explain how the conversation, which he saye took place was carries ou
Witness Acoused spoke to the interpreter not understand. in English, which I did and the man interpreted to ta
His Lordship-I think it would be impossible. to reject evidence of that nature, because it would saabin the accused to defeat altogether the ends of justice, Slaternents which he
himself made aru admissible.
and are rigidly applied in criminal cases.
Mr. Slado-The rules of evidence ar, rigid,
Hia Lordship--I realise that. Mr. Blade-It my friend is going to call statement. This evidence is not admissible
of what Ward sait. unil it is proved to be a correct translation
between December. 1904, and April, 1905 / corruption among the officers cf the Sanitaryist defendant was placed in ebargs of No. 5 | Wong, all right. If not, I cunn1 sdmit the
Board. On account of the power possessed by then that Commission issued certaiù subpous usined cortaiu books, and ordered the pro- duction of books of witnesses-
Mr. Slade. I do object to my friend referring to the contents of those books.
The Attorney-General--In the course of my argumoat I minst.
Mr. Stadle→→He ought not to refer to spruitle entries in books,
A. Carter, Sanitary Surveyor, said on March
health district.
he had been in charge of health districts 9 and Senior Iuspoolor T. P. Connolly stated that
10 since Jauuary 31st, 1902. Luspector Ward was transferred from No. 5 to No. 9 on August let, 1905. He remained on No. 9 till April 30th, 1906, after which he was transferred to
No. 10 district.
of cage
His Lordship-At present I am inclined to think it is admissible, but I will look the point up during the tiffis hour.
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Lo Long Hing said he was in charge of the ROBINSON PIANO
Intrine at No. 3 Sam To Lane,
Was it inspected every day?-Yes, at tisuon; sometimes always (laughter). Cross-examined Wher Inspector Ward came round he usually came alone, but sometimes be was accompanied by another. When the In- sector complained of the condition, withses
Sometimes
attended to the matter himself. he rude the complaints directly, and at other times through the interpreter.
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Chan Tann, amoru, stated that he was Chan Pa's on, and lived with his father at No: Water Street. He was the general manager of his father's latrines and looked after them The money collected from This banded Fover to him, and with it he defrayed his or penses, putting the balance aside. Witness kupt an accusant of the monies paid out, and entered] || all payments made in connection with the latrines in an account book. Witners koew the need, having first made his acquaintanen between July and August, 1944, at the latrine in Gough Stroot. Its was then in charge of. No.. district. Money transactions bad taken place between accused and with. First he gave accused a "camslu," thon neused bor. rawed money from him which had not besu repaid. The latrines were then under the inspector's supervision, so witness gave him a Christanas present of $30 in December, 1904, This payment was entered in the book in which ho kept the latrine accounts. This "cumsho wan made it the third door of 27 Pohingfong the entries. He went to the brauch ofiles On April 19 b, 1985, witness lent accused another that morning because he was told to call on $10 in the auto house, and again in August important business. He did not go of his own 10th there was a loan of $10 on the 25th, $15 accord to ask for chloride of lime for the asset
"
Witness made entries in the book for these
amounts in his own band.
Mr. Slade objected to the bank going in.. His Lordship-The book is cot admissible as aridence.. 3
The Attorney-General-A bank seized ünder
PRICES FROM $390
CASH OR CREDIT.
HIRE FROM $10 per Month,
Hengkong, 2nd August, 1906.
the fatrices.
| 16
Cross-examined-Witness got chloride of· lime from the branch offies. He asked
senior inspector for it, but did not ask for any at the end of Jung cr the beginning of July
as touring, disinfecting and limewashing. The ieturged with endavouring to dissuade Chaume in stock Then, through the olerk. Buid, J£ the rule was, as altered, that i curtain circumstances in admissible is evidenceHe could not speak English, so he spoke to
3. Slude-That is an Irish case, my Lord." The Attorney-General-Even though it Irish it is good law
++
is
His Lordships. Your case is that the accused ondeavoured to persuade the men not to give evidence.
Chinese
Mr. Blade-Our point is that be`nover exister? and they can't produce an imaginary rosu.
The Attorney-General-Ha's something like Mrs. Harris.
Continuing, Chan Pui said Le did not know
Inspector Connolly through an interperler as it supports the witness to the extent that He spoke to him, at the brauch office on Jane nado an entry. I basic that way witness may 28th. Inspector Connolly was going tote the say he made certain payments to certain persons office when witness was going out, sad the on given dates, and ask to be allowed to refresh former beckoned to him. Da that occasion he bis meory by referring to a book.
spoke to the inspector with respect to lime. Itis Lordship-Sapposing he simply said he The only other inspector in the office was the. made notes ou a bit of paper? Hu could aroused. He had zeon Inspectar Kally before, predaco fhose notes.
but did not know him, although he knew by WAX lu charge of No. district. Accused could speak a little Chinese. Witness knew this to sometimes the inspector spoke to him in Chinese, at other times in would, speak through an interpreter. On the
The Attorney-Gonoral But, be could look at thom to refresh his memory.
His Lordship think you've got as far as Fu can
The Attorney-Cuparal-On count & it will perhaps be necessary to put the books in.
a sanitary inspector in margs of N«. ö health district. In 19 5 ba was transferred in No. health district for the month of July only At the end of July or August 1st, 1905, accused was transferred to No. 9 district, and costírned in charge of that district
The court then adjourned; till May 1st, 1966, whẹn ho was transferred to
After tin his Lordship said he bad con. to No. 10. Daring the period for which the
Cross-examined--Chan Tsun was in the dis-sidered the question, which might often arise. charges of misconduct, were brought against
trict office on or about Jane 19th, when He had to consider the question, us if the whole bim, he waemployed on districts No. 4, 5, 2
The Attorney General The books contain
alimos entered. and in District lospectors were in charge of certain entries which the Commission would had brought Chan Tsun for a
Ward was there and said be issue of "guilty or not guilty" depended on it, that was to Bay further the words fatriues, and according to the rules had to require to have established for them to be chloride of lime for bis latrine.
Witness then spoken constituted an offence and théo inspect every latrine ouch morning. The rulos proved. The persons to prove those entries are
instructed the clerk to go to the store and was on other office. The objection taken were very rigid with regard to cleanliness auch Chan Tan sud Chan Pui. The cease requisition, but bo replied that there Tag 120 was that they did not know what the m latrines which came under the accused inspector's Trun from giving that evidence. It is not a
witness told Chun Tean that there was no lime evidence was not admissible without the purview were at No. 2 Gough Street in No. 5 question of whether Chan would or would unt
and that he had better return in a day or two interpreter, it would enable this nocused to health district, No. 5 First Street, the same give evidence, whether he pleased or was inclined. when he would got his issue of chloride of time. destroy all the evidence of the offenes with which district, and No. 3 San To Lung in Mt: health because the Commission has all the posare of Later, line was issued and sigued for. One wis charged. It seemed to his Lordship district. A man named Chan Pui, who lived
a Sapevins Court to majet the witness to
that occasion nothing was said in witness that the rule of evidents could not be so applied with his sea at No. V Water Stroet, was the answer questions, and, witúesses are as much
pressure about they commission or witnesses, na to, enablo a person arraved, to destroy all owner of these latrines. The "Jatinta were bound to answer before the Commissión e Wituvas did not speak Caius, and Chen Tsun evidence against bitself. He must decida that managed by the son who kept the accounts and before your Lordship.
did not speak to him when he entered the offer. it was admissible to put this slutament in, but visited each latrine every meining. lu this,
Ta support of his contention the Attorney-So far as witness knew. Ward know little considered the nonproduction of the interpreler way he came in contact with Inspector Ward, General referred to a Das in Archibald's
It was his daty ko atpervise the work was a question for conumat, who was there to 800 the Orainanes properly Criminal Pleadings,
of the accused, but he did not see how the carried out It was alleged by Chan Tun that
latrines were kepi, as it was district' inspectors en December 30th, 1904, he gave Inspector
work. Ho had visited latinos carnally. Ward 830 as a Christmas present, he then
Re-examined. The le sees ought to keep the being the manager of the latrines and Ward the
latrines cleno all time. The. Iuspooter
His Lordship--The facts you have got wiloring in question ho was in the office about Sanitary inspector of the district. In April
had to visit latrines-o his morning patrol. It the wau Wong, neither and ho son Eim bolora, carry you to that, but be farther. I base some ten minutes. That was the only occasion ou 1905 the next payment was mude. According
was necessary-for-him to visit them ouce in 24 or since that evening. The interpreter anked if difficulty in sesing but the entries themselves which he went to the oflive about that time. to Chan Taun he was sent for and went to see
hours, but he was not instructed to pay surprise the office money had been entered in the booku.
are very auterial, as your charge is obstructing When he gase the accused the Christmus present on December 24th-was-lying on his the inspector at his house. When be got there
visite. He ought, though, to efficiently Witness replied that there were entries. They
a person who was called as n witness. the inspector told him he wanted to barrow $10,
perform his work. Witness arrived at then taught him what to tell his son in order to Witness, continuing, said he gave accused $20 bed in his own house. Witness managed eight and the $10 was advanced On Angust leth
the district office at nine in the morning,roke him go back to the country and not for a Christmas pressit on December 24th, of his father's latrines, and know the sanitary the man said he went again to the house of
The Attorney-General-and when you arris retora. If he went away from the colon, the 1905. He saw Mr. Ward personally and by-laws calating to latrines well: Ile viegl sconced in consequence of another message
ed you found Chan Tsan and Mr. Ward to accused through the interpreter, said he would houded him the money at No. & Caster Street. theso byo-laws, and his latrines were kept in revived, and the inspector again asked for the The Attornoy-General then referred, to the gothar there?
look after witness interest. Accused then Accused, who was lying on the bed, on receiving good order. Auensed from time to time usod
tell him things which ought to 1 loan of $10, and it was paid over. Agrin, on case of the Queen against Vreoues, ¡I Q.B.D., Mr. Slade object. This is a witness for repeated the sentence in Chinese.
the money, called his boy to interpret. Witness to the 2ith of the same month $15 was borrowed and said in that case it was held to be authe Crown, and I base cross-azamined him.
was out when his father's books were meized, done to the latrines, and he used to do them. by the inspector. Chan Thuz would tell the jury indietahie misdemeanour to prepare fal The Attorney-General has the right only to
Hu received a subpara from the Commission The inspector usually visited latrines butwaan why he did not press for repay went or sue for evidence to be used tofore an arbitrator, and re-examine him, whereas the whole of his He was your manager ?—Yos..
to attend before it (subpur, dated June 30th 7 and 9am. Witness inspected pil his ins once every two days. Each latrine-kespur kept the recovery of the money. That on December there was no difference in principle between a questions are cross-examination.
Did you send him away as promised No; I put in). Shortly before that he met the accused a book, and witness wrote the amount received 94th, the day before Christinas, the uuun made man tumaufacturing ovidence to be used before
did not.
at a latrine. On June 28:1 he went to the daily from each in the different books the inspector a Christmas present of $00 | Court of Inquiry or a Court of Arbitration, objection,
Wituens spoke to seeing Lat Long Hing on banch office of the Sanitary Department at Keepers did not always so him aske":"the That was how things went on up to the end and a man preventing evidence from being | Mr. Slade-My friend is cross-examining the 25th June last. On the way to his house be Tokialam Road in consequanes, of a message Mr. Blade-I suggist to you that when you of December, 1905. There were no large sums used before a Court of Taquiry in a public this witness, not re-examining him as he ought met recused, who spoke to him in Chinese, received. This was at 9 do. When witness want a little money on your own account you paid, but the largeness of the amount was no watter. His Lordship was aware there were to da.
saying "I sou your son has not yet gone arrived at the office the accused was there, also put down an entry "paid inspector so much!" criterion at all, as it was just as had to take certain duties imposed upea coroners when
Witness-It is my own business, and I can In auswer to the question witness said he away." Witness replied The upper department two Chinese interpreters. The Tospector spoke spend as much money as I like. a bribe of 85 as of 350. a consequence, it inquiring into leaths,"
found defendant and Chou Tsun at the office.
has not yet eslled him. We will see about it to him through sa interpreter.
His Lordship. then questioned witness. must be assumed, of rumours that all was not
His Lordship-Were thore any other people when they do," Witness had no intention of
When уста
found
the secused in bed at Mr. Slade-Another objection, My Lord. right in the Sanitary Department, the Govern
ja the office?
sending his son away. He returned to his These are interprofors in the employ of the Chater Street, you say he called his boy and Why did he do he acted as interpreter. or-in-Council appointed a commission to
family house and accused proceeded in the Sanitary Board, and my friend has no intention that I don't know. inquire into the working of the department, also
direction of the branch office..
of calling them,
Did he call him if couldn't speak into the question raised as to whether thers was
Cross-examined-Ho bad alx latrines on.
Objection noted.
Chinese and was obliged to call him? I don't any corruption. That commission was issued on the jury to come to a conclusion. The jury find | Chan Pai, declared, said he lived at 2 Water laase and had two of his OWD. There
Witness continuing Accused said: "The know. Forhaps he looked as if he didn't like May 10th, about four months after the last the verdict, and on that verdict a man may be Street, which was his fuzaily boues. He owned were two mon to look
to speak. Chinese, after each, books are now seized relating to latrines. They Did he call him because he couldn't speak. "comba" stated to have been given to the committed for trial. The point is that acts a number of latrines in the city which were and they received the money. A latrine were kept by you. You are the only one wire Chinese That I can't say. inspector. The commission was duly condone to prevent witnesses giving evidence before liable to the supervision of the sanitary authors with two entrances would bave four men. The made all the entries of the precepts and money Did he wait before calling the boy --Perbays atitated under royal warrant and gazetted..
he was afraid if he spoke Chinese by wight a court of law or arbitration might be criminalities. Io-employed-a-person to collect movies men would band the money over to his son at given to me.You, being the only one, if you but to prevent a witness giving evidence befare paid for the use of the latrines. His son was in the family house once or twice a day. Every leave, there will be an end to everything." get stuck in the conversation and not be able to
explain. the Commission, which was merely got op charge of them, and kept accounts of the pronta now and then za defendant passed his family Witness said it would be time enough for him The case was adjourned until 1015 this report certain matters to the Governor of the made. He also saw that the law regarding house he would tell witness to instruct his son to go when the Government found out about (Wednesday) morning.
tarring, cleansing and whitewashing was carried to have certain places whitewashed. Accused ha d colony, is not.
Mr. Blade That will have to be proved.
The Attorney-General, after reading the
notice about the Commission which appeared in
the Gazette, said it was very important to bear
The Attorney-GeneralThat is it. Hia Lordship Well, we can keep it entirely to the question of persuaNİDO.
The Attorney-General-Yes, You dissuade by your persuasive maoner a witness from giv. ing evidence.
,
Mr. Slade coroner can commit for trial i on his warrant.
His Lordabip-I don't quite see the point Mr. Slade is going to maske out of this.
His Lordship-At present I don't see any
Witness-You, District Inspector Kelly was there, the Chinese telephone clerk and au Mr. Slade The coroner inquiress and directs; interpreter from No. 10 diskriet.
Did you order your son to leave the country? No. I did not want him to go.
entries.
The