∙189
20.
a few men are wanted
for the purpose
of squeezing; at best they
are only two ordinary
working men;
the evidence in the hand of the Police point to their being habitual thieves.
(Signed) Edw. J. Ackroyd, Acting Attorney General
13th May, 1887.
The Daily Press.
HONGKONG, FEBRUARY 21st, 1887.
RENDITION CASE. Three Chinese, Thu Sang Chieu, Thi Har Shing, and Ching Sam were brought before the court charged with burglary and murder within the jurisdiction of the Emperor of China. The men were arrested by Inspector Quincey and some assistants in consequence of a communication from the Chinese authorities asking for the rendition of seven men on the above charges. The three prisoners are said to be some of those wanted, the others being at present at large.
Evidence was produced to prove the arrest and identity of the prisoners.
Mr. Caldwell, who appeared for the prosecution on behalf of the Chinese authorities, applied for a remand in order that he might have an opportunity to formulate specific charges. He also asked that bail should not be allowed and that the prisoners should be segregated.
His Worship remanded the case for a week, and directed that the prisoners should be kept separate, bail being refused.
The Daily Press.
HONGKONG, MARCH 14th, 1887.
CHARGE AGAINST A CHINESE MANDARIN OF CONSPIRACY TO MURDER. Colonel Li Loi, an officer of the Chinese Government, and Chun Ayut, alias Leung Yow, a hawker, appeared before the Court, the former upon the charge of subornation of perjury and the latter upon that of perjury. These charges were, as appears below, in the course of the proceedings supplemented by the more serious charges of attempting to murder and conspiring to murder one Leung Fa.
On the 19th February last three men were arrested in Hongkong upon the application of Colonel Li Loi, acting for the Viceroy of Canton, under the provisions of the Rendition Ordinance. The charge was one of burglary and murder, and the prisoners were defended by Messrs. Holmes and Dennys. The trial has been occupying the attention of the court for the last three or four days, and on Friday the evidence of the man calling himself Leung Yow, and passing as the nephew of the woman robbed, was questioned. Witnesses were called to prove that Leung Yow was an assumed name, and that the man's real name was Chan Ayut. The man was further personally examined by Dr. Hartigan, and tattoo marks were discovered, which though somewhat difficult to distinguish, were declared by the Chinese interpreter of the court, Chan Kai Ming, to represent the Chinese character "To" (thief). Other marks were also discovered, and it appeared that there was little question but that the man is a well-known criminal.
At the close of Friday's sitting Mr. Dennys applied to Mr. Wodehouse to detain both Colonel Li Loi and Leung Yow. The latter was accordingly detained, but His Worship declined at that stage to make any order as to Colonel Li Loi. Mr. Dennys, thereupon, took upon himself the responsibility of having Colonel Li Loi arrested. Colonel Li Loi, after being under arrest all night, was, on Saturday morning, released on a bail of $1,000.
On the appearance in court on Saturday morning of Chan Ayut he was placed in the dock, but the Mandarin, who was accompanied by Mr. Caldwell, was accommodated with a seat at the Solicitors' table.
Mr. Dennys, thereupon, pointing to Li Loi said—I charge this man with conspiring to murder, and I ask that he may be placed in the dock beside the other prisoner. I have strong reasons for objecting to any distinctions being drawn between this man and any other prisoner.
His Worship—I wish to hear first what reasons you have for doing this.
Mr. Dennys—The overt act, which I shall allege against the two prisoners, will be attempting to murder a man named Achus, but whom I know by the name of Leung Fu, and who is at present detained, as prisoner on remand, in Victoria Gaol. The overt act, which I shall allege in support of my charge, is, that these two persons have, in connection with proceedings which have been taken before another magistrate in this Colony, committed wilful and corrupt perjury, and I say that had they succeeded in their designs, they would have murdered Achus, alias Leung Fu, who is charged with murder, and who would have lost his life. I am told, your Worship, that the position I am in to-day is not a proper one for me. As the solicitor in the previous case, I applied to the magistrate who was adjudicating that case to detain those two defendants, and to have them charged with perjury. My application was refused, but the magistrate informed me that I, having seen the felony committed, it was for me to prosecute. I am therefore here to-day, not as a solicitor for any body, but simply as one of the citizens of Hongkong, who believes that an attempt to murder has been made, and I therefore prosecute.
I may say that I have in my possession a sworn declaration, made before a Justice of the Peace in this Colony, of a large number of witnesses who have all declared that the evidence given by Chung Ayat, the second defendant in this case, is absolutely false. I had these declarations in my possession before I accepted the challenge of the magistrate, and took the position of prosecutor. If your worship wishes me to give a brief outline of what these proceedings are, I shall be happy to do so.
His Worship—You will have to state what the perjury consists of, and the depositions in the other case will have to be referred to.
Mr. Dennys then asked for the depositions in the other case to be produced at this point of the proceedings.
Mr. J. J. Francis, Q.C., who was instructed by Mr. Caldwell, appeared for the defence.
Mr. Francis—May I ask, your Worship, what is the charge against the prisoners?
The Magistrate—They are charged with conspiracy to murder.
Mr. Francis—May I ask who is the complainant?
Mr. Dennys—I am the complainant.
The Magistrate—Will you then formulate the charges and give them in writing.
Mr. Dennys—I will do so. I ask your Worship to adjourn the case till this afternoon in order to give me time to do so.
Mr. Francis—I object to any adjournment. The two men have been placed upon the charge sheet, one for perjury and the other for subornation of perjury. Either these charges must be gone on with or others substituted, otherwise your Worship cannot adjourn the case.
Mr. Dennys—I apply, then, for leave to amend the charge made last night. I now charge these two defendants Li Loi and Chan Ayat with conspiring together to attempt to murder a man named Leung Afu, who is at present detained a prisoner in Victoria Gaol. I likewise charge these two defendants with attempting to murder the said Leung Afu, and I further charge the first defendant with subornation of perjury.
Mr. Francis—Subornation to commit perjury, when and where?
Mr. Dennys—Suborning the second defendant to commit perjury in certain proceedings that have taken place before Mr. Wodehouse, one of the Magistrates in the Colony. The said perjury consisted of the allegation that the said Chan Ayut, who then called himself Leung Yow, had been kidnapped by Leung Afu; had been carried away by him from a place called Kweichow, in the Shun-tak district of Canton; had been taken by the said Leung Afu to a place called Whampoa, and had been detained there for two whole days. I further allege that the said Chan Ayut denied that he was called Leung Yow, and said that he had never heard that name before.