REGINA v. LOGAN.
Mr. Wise—Are they so much alike that if dressed in similar clothes a person strange to them might mistake one for the other?
Witness—I know them both.
Is there any similarity between the two? To a stranger there might be a little.
Fung Lan Kok said—I am a schoolmaster and keep a school above the Yen Wow Sun tea and silk hong, in Nam Ngon. I remember the 12th August; that morning about six or half past I was upstairs and I heard a woman crying in the street. I saw the woman from upstairs, and we had to push our way through them. About 20 feet down the cross-street we came upon the dead body of a Chinese boy about thirteen or fourteen years old lying on the pavement. I noticed that he was wounded but I did not look at the wound. I also saw a wounded Chinaman leaning against the wall nearer to the corner of the street. He was wounded on the hip at the back. At the time I formed an opinion that the boy's wound was caused by a shot. Later in the day I saw the boy's body again in the same place. I was then in company with Dr. Wales. I do not know what has become of Neilsen except by hearsay; I understand he is a Norwegian; as to Johnson, he says he is a Russian Finn. I knew a man in the Customs service of the name of Oehl; I believe he was taken from Canton to the Hongkong hospital, where he died; he was accompanied by Mr. Jochland and Mr. Von der Loiten.
Later in the day I visited the prisoner's house in company with Mr. Duncan, the Constable. The prisoner's door is in the middle of the house. There was then a wire door on the outside, and a wooden door inside it. I do not remember whether there is a fan light over the door, but there are windows on both sides. I went in from the back, and going to the front I noticed that the front door was closed, with an iron bar across it. I disconnected the bell wire as it was constantly being pulled by someone outside. I noticed a lot of stones on the floor of the lower front room. There were about twenty, more or less.
Cross-examined by Mr. Wise—The street was very much crowded when I first heard the noise in the street. The street was full, and there was great excitement and much shooting. I made out the word "ta" being called out. The reports of the revolver I heard came from the back of the house, I don't think they came from the street. I cannot say what Mr. Logan was firing into the pond for; there are lots of fish in the water. I did not see the prisoner fire in the street.
Mr. Wise—You saw the stones in the prisoner's house when you went there with the constable; how do you think they got there?
Witness—In my opinion they were thrown there by Chinese. Someone in the crowd threw a stone towards me when I was looking out of my window. I have known the prisoner nearly two years, and as far as I know he has the best of characters. He is a quiet, peaceable man and not at all likely to create a disturbance. The prisoner was dressed in white that morning, Johnson in blue in a material called Spanish stripes, and Neilsen, I think, had a white suit. I do not know Neilsen well, but I have often seen him; he is a little taller than the prisoner and fairer, with a light moustache.
Three foreigners. The woman was crying and the three foreigners put up their hands and told her to go away. They were standing in the street opposite the wire door, which was opposite the tea hong seven or eight Chinese feet towards the west. The woman did not go away, and the foreigners pushed her away, and one of them pointed a short firearm at the woman. One of these foreigners was the prisoner, and it was he who pointed the firearm. The woman was crying out, "Taipan, you must heal me." Towards the east in the street there were ten or twenty Chinamen; some were standing on the bridge, some below the bridge, and some at the corner of my house. They were calling out and telling the woman not to walk away, and to tell the foreigners to heal her.
The Chinese did not do anything but cry out to the woman, and when the man with the firearm heard the noise of the people calling out he ran back into the house, and in an instant he brought out a long firearm, between one and two Chinese feet in length. Then someone from within the threshold gave him some cartridges with both hands, and then the boy who gave him the cartridges came to the door. The prisoner took the firearm and hastily went to the east. The people in the east ran, and the prisoner went on to the bridge and stood there. I saw him lower his body and heard the report of a firearm. I was frightened and went down and shut the window. I heard the people in the street say that someone was killed. It was the prisoner who fired. The stout one followed him at a distance of several Chinese feet, and the other was still farther back, several feet, than the stouter one. I did not see anything in their hands. The prisoner fired towards the east. After he had taken several steps the people ran to the east.
The Crown Advocate—Did any of them do anything to the prisoner or threaten him?
Witness—No, they only called to the woman.
Cross-examined by Mr. Wise—I only heard one shot fired. I had never seen the prisoner before that day. The prisoner had on white clothes, and the others both black coats and trousers.
REGINA v. LOGAN,
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teach my pupils to speak the truth, and I carry it out myself. I have spoken about the case to the Consul, but I have spoken of it to no one else. I keep a school and do not go out and in. The Crown Advocate objected to Mr. Wise's statement that there was a difference in the witness's statements; there was no difference between the two except some omissions in the statement before the Consul. He wished to have those depositions put in.
Mr. Wise said he was willing to accept the statement of the Crown Advocate.
Cross-examination continued—The boy handed a great many cartridges to the prisoner, but I did not see what he did with those he had left after loading the firearm. When I was before the Consul I told him I saw the prisoner lower his body at the bridge. I heard a report immediately after the prisoner lowered his body, but I did not see him pull the trigger, nor any smoke come from the weapon, as I am near-sighted.
Re-examined by the Crown Advocate—When I was here before the Consul I answered all the questions that were put to me, and I answered truly, and to-day too. I saw with my own eyes the prisoner bring a longer firearm out of his house, also the foreigners push the woman. I saw with my own eyes the prisoner point the firearm, and heard with my own ears the woman cry out to the foreigners, "Taipan, heal me," and I also heard with my own ears the crowd call to the woman to tell the foreigners to heal her. I have only stated to-day what I have seen with my own eyes and heard with my own ears.
Mr. Ball, after interpreting this answer, said he heard someone hiss behind him when the witness gave his answer; he was not looking behind at the time, and did not see who it was.
There were several Chinese in the doorway near the witness.
Mr. Wise—Did you tell the Consul you saw the woman? Is not that something you have since learned?
Witness—No, I am telling what I saw myself. I passed last night in my school.
Did you say before the Consul that the expression "Taipan, hoal mo" was used?—No.
Did you say the foreigner went into his house and got a firearm?—I said the foreigner stood at the door holding a firearm, and the boy handed him the cartridges.
Answer the question.—I do not remember clearly.
Yip A Piu, deposed—I am unemployed. I was a fruit seller. I remember the 12th August last; on that day I was residing in the chief street of Nam Nguo. I have seen the prisoner before; he was living in the same street as I was, my house being to the west of his about eight or ten houses.
I saw three foreigners passing along the street, and when I saw this I ran also to the east to the cross-street. I passed the prisoner's house and the bridge, and turned into the cross-street, which is two or three cheong past the bridge. After a time I came out to look; I looked along the chief street to the west as far as the bridge. As I did so I saw a foreigner firing a firearm; he was at the bridge, and he was facing towards me when he did so. He was kneeling down with the firearm resting on his arm. I saw that myself. [Witness put himself in the position he described and rested his hand across his left arm in the way a revolver is sometimes rested.] I saw it projecting beyond his arm about...
Did you say so or not?—I did say so.
Mr. Wise applied that the interpreter should read to the witness his deposition taken before the Consul, and then he repeated the question.
Witness—It is so long ago that I do not remember; I think I must have said it.
His Lordship said he thought it was not important; if he had contradicted himself it would be a different thing. He could not say how it would affect the jury, but that was how it seemed to himself.
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