The Daily Press
HONGKONG, AUGUST 9TH, 1872.
THE KOWLOON DUEL CASE.
BEFORE THE HON. C. MAY.
At a few minutes past 10 a.m. yesterday, Messrs. Leon Checa, Charles de la Forest, and G. Dubast, who were charged the other day with conspiring together with others not in custody to murder Mr. Torre Bueno, surrendered to their bail, and took their seats in Court. After waiting, as usual, half-an-hour for the attorneys, Mr. Toller being the chief offender this time, the proceedings commenced.
Mr. Toller, Acting Crown Solicitor, appeared to conduct the prosecution; Mr. Francis appeared for the prisoners.
Mr. Toller, on being asked to state how he would proceed, stated he intended to proceed against M. de la Forest first. He might state also that as regarded M. Dubost, he did not intend to proceed with the charge.
Mr. Francis applied that M. Dubost should have compensation for being brought up there utterly unnecessarily, for all that appeared to the contrary. He was at least entitled to his expenses.
Mr. Toller objected to compensation being awarded, and stated that the prosecution had probable cause to justify his arrest.
Mr. Francis said it had not appeared before his Worship.
Mr. Toller asked the Magistrate to leave M. Dubost to his ordinary remedy, an action for false imprisonment. He submitted that this was not a case in which his Worship would exercise the summary discretion given him by Ordinance.
Mr. Francis quoted the Ordinance, and laid stress on the provision that if the prosecutor did not proceed with his case, the magistrate should have power to compensate the defendant.
Mr. May said the prosecution was undertaken on public grounds by a public officer.
Mr. Francis submitted that public officers were the very persons who ought to be restrained from taking proceedings on insufficient grounds, since a magistrate would more readily grant a warrant to Mr. Deane than to a private prosecutor. No probable cause had been shown at present for M. Dubost's arrest. If that gentleman had been summoned to appear there, he would not have made this application, but a warrant was obtained, and his client was arrested and brought up there like a common felon, and had to be bailed out.
Mr. Toller said he was not brought as a felon, the charge being one of misdemeanour.
Mr. May said Mr. Francis must know, and M. Dubost must know, that the information was laid by Mr. Deane, when he had very limited intelligence to go upon. M. Dubost now knew that no injury was intended to him.
Mr. Francis said he might have been summoned.
Mr. May thought that Mr. Francis would hardly say this was a case to be dealt with by summons.
Mr. Francis said he most decidedly should say that the French and Spanish Consuls, who were charged in this case, were not likely to have evaded a summons.
Mr. May then declined to give M. Dubost any compensation.
Mr. Toller said he would call M. Chastel as his first witness.
Edouard C. Chastel, sworn, stated: I am Chancellor of the French Consulate. I know M. de la Forest, who is French Acting Consul here. I am acquainted with his handwriting and signature. The Witness was here shown a paper purporting to be signed in two places by M. de la Forest. I believe these to be his.
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Mr. Toller said he was charging a single man with conspiracy with several others not in custody.
Mr. Francis suggested that it would be better to dispose of the charge on the sheet before going into this new one.
Mr. May, referring to the evidence given by Mr. Deane on charging the three original prisoners, said they were charged with conspiring to murder Mr. Torre Bueno.
Mr. Toller said he might state here that he was not going to press for the committal of M. de la Forest; he only wished to produce evidence enough to induce his Worship to bind him over to keep the peace. Against Mr. Checa, he intended to take the case further.
Mr. Francis said the original charge should be withdrawn or proceeded with.
Mr. Toller said these technical objections were out of place in a preliminary proceeding.
Mr. Francis said this was not a preliminary proceeding as regarded M. de la Forest, as Mr. Toller was asking the magistrate to exercise summary jurisdiction in his case.
Mr. Toller said he would, if his Worship thought proper, withdraw the original charge against M. de la Forest.
Mr. May thought that would be the best way. Mr. Deane's charge, then, would be withdrawn.
Mr. Francis, after consulting his client, announced that M. de la Forest was prepared to give any security to keep the peace which might be fixed.
Mr. May ordered him to give his own security for $1,000, and that of another householder for $500, for six months.
Mr. Toller then applied to add another charge against Mr. Checa. At present, he was charged with conspiring with M. de la Forest, and others not in custody to murder M. de la Torre Bueno. He wished also to charge him with endeavouring to provoke Felippe de la Torre Bueno to send a challenge to fight a duel, this being an indictable misdemeanour at common law.
Mr. Francis asked that in the first charge, the names of those with whom M. Checa was charged with conspiring should be stated, or that it should be distinctly stated that their names were unknown.
Mr. Toller said the names were M. Gingard, J. R. Tonquilla, C. L. de la Forest, and P. Carrigue. He would call M. de la Forest as a witness.
Charles L. de la Forest, sworn, stated: I am Acting-Consul for France. I know M. Checa.
Mr. Toller asked the witness whether he went to M. Checa's house on a particular day recently.
M. de la Forest said he believed he had the right to refuse to answer a question, if his answer would tend to criminate himself.
Mr. Toller said that was so, but submitted that this was not such a question.
Mr. Francis said it was, and quoted Taylor on Evidence, and other authorities in support of this view. The conviction of the witness might depend on what he did there on that day, and it must be remembered that M. de la Forest was still liable to prosecution, notwithstanding the fact that the charge against him had been in this instance withdrawn.
Mr. May said he recollected that in the case of the Claimant, when he objected to answer a question on this ground, the judge asked him to swear that answer would tend to incriminate him. He thought that might be the best course to pursue here.
The witness was then asked whether the answer to the question would tend to incriminate him, and he replied that it would.
Mr. May then ruled that the question could not be put.
Mr. Toller said he had no further questions to ask M. de la Forest, and stated that he was not prepared with any other evidence; he would ask for an adjournment.
Mr. Francis asked that Mr. Checa be discharged.
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