It is said that the word is "To" and averred that it is not "Yik."
Upon this, all defendants applied to have the prisoners immediately released, and to have Lis Loi prosecuted for subornation of perjury and the witness Leung A Yau prosecuted for perjury.
Mr. Holmes made a similar application.
Mr. Caldwell applied for time to obtain rebutting evidence.
The Magistrate decided to allow the Solicitor for the defence to take any action they liked but declined at that stage of the proceedings to make any order himself, and, in order to allow of the Solicitors taking what action they chose, the case was remanded until Monday the 14th March at ten o'clock.
There was no evidence whatever against the Chinese official Lis Loi of subornation of perjury, and I entered a nolle prosequi against him but allowed the proceedings against Leung A Yau for perjury to continue.
The Gaoler at the Chinese Gaol was called, he produced his books and declared that Leung A Yau had been confined at Sai Ning and never had been there for trial.
Leung A Yau was committed.
On considering the evidence I was of opinion that there was not sufficient evidence to obtain a conviction and I declined to file information against him.
Mr. Justice Russell, who had read the depositions, said, in discharging the accused, that he agreed with the course I had taken and that there was no chance of obtaining a conviction on the evidence produced.