16
one or two feet.
REGINA v. LOGAN.
I know the difference between a long gun and a revolver; this was a long firearm. I saw the firearm; I heard a report, and I heard a child make an exclamation—Hi-yah—and fall down. I was in the cross-street looking along the straight street, and the child was in the straight street. I did not actually see the child fall, but I saw him bow down, and walk across the street bowed down. I heard him call "Hi-yah!" and then I just looked round, but I did not continue to look at him. I was about three cheong distant from the boy when this happened, and he was on the east of the bridge, a little farther from it than I was, and he was about three shops distant from the cross-street in which I was. The prisoner is the man who fired the firearm.
I saw no one in the street between the prisoner and the boy, who was in the cross-street, not the main street. I saw no other Europeans in the street when the shot was fired. There was a stout foreigner on the bridge, who moved his hand, and ran forward from the west to the east, telling prisoner not to fire. I did not hear what he said, but I saw he told him not to fire from the motion of his hand. I only heard one shot fired as I ran away when I heard it; I did not hear any other shots fired at any time that day. I did not at the time know the name nor occupation of the prisoner nor anything about him. I supposed the boy was shot, and my reasons for supposing so were seeing him staggering along, and being bowed down. When I saw the foreigners chasing Chinese along the street the Chinese were not fighting or quarrelling nor attacking the foreigners, or attempting to strike them, and at the time I saw the prisoner firing the gun there were no Chinese threatening or attacking him nor doing anything of the kind; there were no Chinese near him.
I saw the boy run in a bowed attitude towards the river. The street is five or six feet wide.
Do you mean to say you had your head round that corner and saw the prisoner pointing a firearm down the street in your direction, and yet you kept your head there to see him fire? Were you not afraid you would be hit yourself, the street being only five or six feet wide? My body was hidden behind the corner, and only my head was out.
Are you in the habit, when you go round a corner, of always putting your head round first?
I put my head round and the shot was fired at the same time. The prisoner was the man who fired the gun. He was dressed in white, and the other two men were dressed all in dark, trousers and coat. When I saw the boy running in this bent position I did not see anyone else hurt. After I saw the boy was hit, I ran down Fak Hing-street to the river, and I did not see the boy any more. The man who waved his hand to the prisoner not to fire is not in court.
A Juryman—Did the boy turn to the right or left after the shot was fired?
Witness—He was going straight when he was shot, and then he turned to the left and went towards the ferry, bowed down.
Lai Tsok Wan said—I am a tobacco seller in West Fak Lung-street, Honam. I remember the 12th August last. That morning I went out to go to the Kai Fuk to get goods at a shop. I went from west to east, and on the way I only saw a few people, as I usually see in the street. I met a foreigner on the bridge carrying a foreign firearm and there were two foreigners following behind; did not see them holding anything. After I had passed them and gone a cheong or two I heard the report of a foreign firearm. When I did so the two foreigners behind were a few Chinese feet from me; the one with the firearm was further away. I saw no disturbance in the street, but when I turned into the straight street where the bridge is, I was frightened. That was all the disturbance I saw.
Cross-examined by Mr. Wise—I did not see the shot fired; I turned my head round and looked when I heard the report, and I saw the foreigner stooping down still holding the firearm. I did not see the smoke, but the report sounded from that place. I have never said before that I saw the foreigner with a foreign firearm to any one excepting when I went into the tobacco shop. I cannot state what the firearm was like, but it was about two feet in length. He was only carrying one firearm and I have never said he was carrying two.
Cross-examined by Mr. Wise—I was two or three cheong from the prisoner when he fired, and the boy was six or seven cheong from him, three shops from the corner of the main street. I saw some Chinese running as if they were frightened. I know a pork butcher's shop called the Tai Fung. I was not in the same cross-street as the boy, but one nearer the bridge branching out of the straight street on the opposite side. [Witness indicated the spot he was at on the plan, and the place the boy was when he was shot, and marked them].
Mr. Wise—How could you see the boy when there were several buildings between?
Witness—I ran along and saw him. He was outside a cash shop, and I looked along the street and saw him.
Could you see the boy at all without running up the street?—I could see him at the corner without running up the street. He was in the cross-street at the end of the main street.
Mr. Wise applied that Mr. Ball should read over to the witness his deposition taken before the Consul at the preliminary examination.
REGINA v. LOGAN.
The Crown Advocate offered no objection.
This was done.
Mr. Wise—After that do you still say you have not said you met the prisoner with two firearms in his hands?
Witness—What I said was that his two hands held a firearm. I have never said he was carrying two firearms.
17
27th September, 1883.
THE "HANKOW" AFFAIR. At the commencement of the proceedings of the court the following decision was given on the application for a warrant for the arrest of the man Dias in connection with the above case.
His Lordship said—It is as well that I should dispose now of the application made to me on Tuesday by Mr. Francois. It appears that the application is prematurely and irregularly made, there being at that time no charge against the person with respect to whom the application was made. Apart from that point, however, I do not think I can grant the application inasmuch as the affidavits do not contain any allegation with regard to this person that he is a British subject, and that he is at the present time within the jurisdiction of this court. On these grounds I refuse your application.
Have you ever told anyone before to-day that you were quite close to the man when he fired, only about three Chinese feet distant—No; what I said was that I was about that distance from the nearest foreigner. The two foreigners who were behind the one with the firearm were close together two or three cheong behind him. Of the two behind one was stout and fair, and the other dark.
Tam Wai Chan said—I am employed in the Tai Fung. I know the chief street of the Nam Ngon district; it has a bridge in it. At half past six o'clock on the morning of the 12th, I saw some ten odd Chinese running from the west from the bridge past the door of my shop, and I put out my head and looked out, and I saw a foreigner a little beyond the bridge pointing a firearm, and as soon as I saw him I quickly drew in my head.
THE FATAL SHOOTING AFFRAY AT HONAM.
The hearing of this case was resumed at nine o'clock this morning, when the prosecution proceeded to call the following further evidence:
Ng Shap Ng, examined by the Crown Advocate, said—I am a ferryman. On the morning of the 12th inst. I went ashore to buy vegetables in Nam Ngon-street. I took some congee opposite to the trees; I think it was then about half-past six o'clock, and it was in the street leading down towards the river, on the east side of the street. I did not hear anything. I saw a number of people running towards the river as I was eating my congee, and I left my congee and ran too. I got to the entrance of a street coming into that one at right angles. I then heard the report of a firearm, and I was hit on my left hip at the back. [Witness pointed out the holes in his jacket and trousers where the bullet entered.] The shot entered my body at the left side and came out at the right. I walked two or three steps and then I fell. I also noticed a child there, a Chinese boy. The boy called out "yah!" and I called out "Ai-yah!" He fell down first, and then I fell down. I had run to the intersection of two streets when I was shot, and the boy was beside me.
The Crown Advocate—Did you see anything at the time you were shot?
Witness—I will tell you what occurred item by item. I was standing at the corner of the street. I heard a shot, and I was hit, and I looked down and ran forward a little, looking on the ground. I had to do so when I was hit. I do not know how long I remained on the ground, as I was insensible.
Cross-examined by Mr. Wise—When I was shot the boy who was also shot was quite close to me; his jacket was against my jacket. When I heard the shot my face was towards the river and...
23