Commenced 7th July.
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Committed to Petty Sessions, 11th
Remanded to
Warrant No.
Concluded 11th July.
C. M. Court, No. 1,642.
Warrant, No. 578.
P. Sessions, No. 912. Warrant, No. 130.
AT THE CHIEF MAGISTRATE'S OFFICE, VICTORIA, IN THE COLONY OF HONGKONG.
Defendant's recognizance entered into on 8th July instant.
Sureties Koo-yoke-wah,
master Kwong-cheong shop; Kwok-akam, master Sory-sing shop. Minutes of Proceedings in the Cause in which WONG-SAM-CHI, P.C. is Plaintiff';
and LAI-A-CHEONG, 43, of Tongkoon, Silversmith, Defendant.
That the Defendant not being the holder of a pawn-broker's licence, did at Victoria act as a money-leader in a single transaction of less amount than 500 dollars, and to wit: on 5th July instant, did unlawfully lend $1 upon deposit of one gold pin.
MEMORANDUM.
DATH.
SPECIFICATION.
AMOUNT.
DOLLARS. In Bank Notes.
DOLLARS. In Silver.
RUPEES.
CASH,
STERLING,
On the
Thursday, 7th July, 1859). Wong-sam-chi, being duly warned, deposeth :-I in a Chinese Constable. 5th July instant, I went to defendant's shop, the Tin-sing, Silversmith, Queen's Road West. I took a gold più to defendant and asked him to lend me 1 dollar upon it. The defendant gave me that amount, and said that he would charge 4 candereins per dollar interesi per month, which would be altogether 6 canddereens per month. before. The pin produced is that which I pledged.
1 did not know defendant.
I found in a
J. Shepherd, sworn, deposeth :-I apprehended defendant on warrant. drawer of defendant's counter the pin identified by last witness, also three other packets of gold ornaments.
DEFENCE. Defendant states: the complainant came to me and said that he wanted to sell the pin. I told him that the night was dark, and I could not tell the value, and he had better come in the morning. He said that he wanted money badly, and I agreed to lend him $1 until the next day.
Committed for trial at the Petty Sessions on Monday next, to be admitted to bail, two Householders at $200 each.
C. MAY, J.P.
PETTY SESSIONS.
Monday, July 11th, 1859.
Mr. Parsons for defendant. Wong-sam-chi examined, after being duly cautioned. G. Shepherd, Inspector of Police, examined on oath.
Mr. Parsons, for defence, calls,-
See-nchu, I am one of defendant's journeymen. I was in the shop on the night the stranger brought in the pin. He said he wanted to sell it. My master said he could not tell the value as the night was dark. He then said he wanted money, and asked my master to let him have $1 upon it, until morning, when he would come to settle, which my master did.
Soo-achoy, workman in the next door Silversmith's shop, examined, states:-Our shop does no business in the secret pawn-broking line. I happened to be in the Ting-sing, Silversmith's shop on the night in question. Corroborates flie last witness exactly.
Defendant is fined $200, default 6 months' imprisonment with lined labour.
W. H. MITCHELL.
Having further investigated this case, with Mr. May's assistance and advice, under provisions of Section XI of Ordinance 5 of 1850, I reverse the previous decision made upon it, and order that defendant be discharged.
W. H. MITCHELL.
Mr. Caldwell stated he relied on these depositions alone to show that Mr. May had wil- fully made false representations to the Acting Chief Magistrate to induce him to reverse his decision. He had no proof that the first decision of the case by the Magistrate was correct; and he did not know the nature even of the representa- tion made by Mr. May to the Magistrate.
Mr. May in reply to this Charge explained that he took evidence in this and two other cases of illegal pawning, and sent them to the Petty Sessions. The evidence in the two cases was clear and conclusive. In the third, No. 912, it was very doubt- ful. There was only one witness—a Chinese-who was the informant; and there was no proof of general pawning. Mr. Mitchell, the Acting Chief Magistrate, decided against the defendants in all three cases; but subsequently spoke to him (Mr. May) who mentioned his doubts, and Mr. Mitchell on reconsideration said he thought he (Mr. May) was right, and that he would reverse his former de-
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cision, which he then did accordingly. He, Mr. May, had known nothing what- ever of this case, except what he had gathered from the evidence given in Court, and no representations had been made to him by any person whatever out of doors on the subject, or his interference ever solicited by any one.
The Depositions in the other two Cases were produced and found to be as stated by
Mr. May.
Wo-hang, the keeper of a Chinese Opium shop, was called and examined by Mr. Cald- well in reference to some conversation which Mr. Caldwell said had passed be- tween them in reference to this case; but Wo-hang said he had no recollection of anything of the kind.
The 4th Charge brought by Mr. Caldwell against Mr. May was:-
With having on the 13th day of August, 1858, when examined as a wit- ness at the Police Court in the case of Regina v. Tarrant, when asked if 1
pos- sessed a knowledge of the Chinese written character, and whether I had ever translated any Chinese document for him, answered both questions in the nega tive, whereas he well knew, at the time, that I did possess a knowledge of the Chinese written character, and that I had frequently translated Chinese documents for him at his personal request.”
Mr. Caldwell said that he had himself heard Mr. May make the statement contained in the Charge, and in proof that Mr. May knew it to be false, he said that when they were together at the Central Station he had often read Chinese documents for Mr. May.
Mr. May in reply called attention to the evidence given on the same occasion in the Police Court by two witnesses (Ying-loong-tun, a Chinese teacher, and Shum- chook-yeen, a writer and teacher in the Chinese Secretary's Office) at pages 307 and 310 of the Blue Book that Mr. Caldwell could only speak but not read Chi- nese. Mr. May stated he had never said that Mr. Caldwell had no knowledge of the Chinese written language, but he had said, and he now repeated, that Mr. Caldwell, to the best of his belief, did not possess such a knowledge of the lan- guage as would enable him to make a full and authentic translation of any docu- It was, however, unnecessary for him to say more in reply to this Charge than that it formed the subject of an official complaint at the time by Mr. Cald- well. He had replied officially to Mr. Caldwell's letter, and had heard no more on the subject. Both documents would no doubt be found in the Secretariat. He begged a reference to them.
ment.
The following correspondence was then read:-
"VICTORIA, HONGKONG, 18th August, 1858.”
"SIR,It is with much regret that I am again compelled to intrude myself upon the notice of His Excellency the Governor, but the circumstance which induces me to do so is of so grave a nature that I trust I may not be considered tedious.
"On Friday last, the 13th instant, during the investigation at the Police Court in the case of Libel brought against Mr. W. Tarrant, Mr. May was called as a witness; during his cross examination by the defendant, he was asked if to his knowledge I knew anything of the Chinese written language, and also whether I had ever translated any Chinese documents for him,-to both these questions Mr. May gave a negative reply. In consequence of Me, May's replies Mr. Tarrant spoke in very strong language against me, calling me an Impostor. I will not however repeat all he said on the occasion, but the replies of Mr. May being so palpably untrue I have not the slightest hesitation in charging him with wilful and deliberate intention to injure me, by giving evidence which he must have known to be false, and I bring this matter to the notice of His Excellency he cause I conceive it to be one which I should be blameable in not representing. I could produce abundance of proof to show that Mr. May is perfectly aware that I have a knowledge of the Chinese written language, because during the many years I was attached to the Police Department with him, I was invariably the referee by Mr. May and the subordinate officers of the Force for a translation of Chinese documents coming into their hands.
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