[Incline in Rs. 30.
2.596/70
231
THE CHINA MAIL.
HONGKONG, WEDNESDAY, NOv. 23, 1870.
SUPREME COURT. -- IN CRIMINAL SESSIONS. (Before the Hon. Chief Justice SMALE.)
Wednesday, Nov. 23,
The Court was opened at 11 o'clock. His Lordship said that if any Jurors were in attendance they might retire, as the busi- ness of the Sessions was now so far finished that their services would not be required.
The Hon. the Attorney General was also excused, as he had been summoned to at- tend a meeting of the Executive Council.
In passing sentence on the Japanese who pleaded guilty to stealing from his master, an Osaka merchant, a aum amounting to some $60 or $70, and obtaining under pre- tence of collecting for his master some $350, from persons to whom goods had been sold, his Lordship said he approach- ed the subject with great pain; he knew how closely matters transpiring in this Colony were observed in Japan, and this was the first time within his experience that a Japanese had ever been brought before the Supreme Court.
The prisoner's master was then placed in the witness box, and testified that he had known prisoner from a boy, that he was a native of an adjoining village to his own, that he had been in his employ nearly 8 months, and that up to the 14th of October he (prisoner) had borne a good character and had never to witness' knowledge been guilty of an act of dishonesty.
the hard been once punished for fighting.
His Lordship remarked that he did not look very pugnacious now.
(The prisoner appeared a most wretched broken-down object, his head was bowed down, and his long, unkempt hair falling over his face almost entirely obscured his features what could be seen of them could only excite in every mind feelings of sor- row and commiseration.)
The witness further said that up to 'the time of his arrest, prisoner was in a lively and healthy condition, quite capable of discharging competently business mat- ters entrusted to his care. He was nothing like what he is now.
His Lordship said, that probably no sentence he could pass would, under the circumstances meet with approval in Japan. That could not be expected. He had had strong doubts, when the prisoner was first placed at the bar, (he was auch a demented looking being) whether he could allow his plea of guilty to be recorded, as the laws of England do not allow any person to be tried while in an unsound state of mind. He bad therefore directed the Colonial Surgeon to make a careful examination of the prisoner's mental condition, and Dr. Murray's report was, that though evidently halfwitted, he was anfficiently compos
mentis to know what he was doing in pleading guilty. He had therefore ad- initted his plea,
Pey hav
His Lordship paid a well merited com- pliment to the care and patience in investi- gation generally manifested by the Senior Police Magistrate, and particularly on this occasion. When the prisoner stated in the course of the primary investigation that he had lost this money at the public gambling houses, Mr May had caused enquirics to be set on foot which resulted in the com- plete substantiation of the statement. At the Sun Kee gambling house, Morrison Street, he had lost heavily; also at the Hing Kee, described as in the immediate neighborhood, though what necessity there could possibly be for two gambling houses so close together as to be described as near, His Lordship could not conceive. At the Hing Kee gambling house (the third visit- ed), they did seem to have some faint doubts as to whether he was an Asiatic within the meaning of the Cinance, one of the favored few allowed to gamble, but they were finally resolved in favor of his being allowed to lose his money. Here he won at first $96, but after a great variety of luck lost heavily. He then, it appeared, went to the Ching Kee, which is in a bigber neighborhood, situated on Hollywood Road. The result of these visits was that he was now here. How strange it must appear, His Lordship said, to the people of Japan. a country where gambling is prohibited and suppressed, to know that it is licensed in this, a British Colony, It was greatly to be regretted that the keepers of these Elysiums had not refused admittance to this man on account of his having so much of the appearance of a European. Gambling is put down and kept down in Japan. By the Chinese authorities in every province where there is an honest governor, it is put down In Singapore it is put down. In England it is put down and "reduced within extremely narrow limits by four Acts of Parliament, which His Lordship regretted were not proclaimed as law within this Colony. Means to repress gambling in this Colony had been untried, though not unsuggested.
Hie Lordship called attention to the forlorn looking wretch at the bar, and aminadverted upon the system which had reduced him from the status of a man to the por miserable creature he was then. All bis life he had been an honest pian, be bad borne a good character and an unspotted reputation until ho came to this colony, where these licensed houses fouted him in the publicstreets. The consequences were there, His Lordship further commented on the evil influences to which this man had been exposed and the effect that it must neoss- sarily have upon the nation of which he was a subject, and concluded by stating the sentence that he should impose was more from compassion than in the hope of its doing him any good in his present condi tion. Under the care of Mr Douglas and Dr. Murray it was to be hoped he might ultimately benefit.
His Lordship then passed sentence of two years' imprisonment, with hard labor, for the first offence of stealing from the master ; and one year, (conmenang at the expiration of the first sentence) of the same punish- ment for the second offence charged obtain- ing money under false pretences.
The Criminal Sessions were then closed.