by Inspector Witchell. Seventeen persons were arrested; first and second defendants were fined $100, and the rest $10 each. Morrison Street, No. 5, on 8th January. Inspector Witshell applied for warrant. Sixteen men were arrested. On the 24th January a warrant was applied for by Inspector Witchell for No. 3 and 5, Morrison Street. There was an arrest, but I have not made a note of the result.
Were any others applied for? Bonham Strand, for instance? Bonham Strand was about seven months ago. It does not appear here; the omission may be an oversight.
Were there any in Queen's Road or Tong Lane? Yes, on the 31st October, last year, at No. 89, Queen's Road West on the defendant's information. I should say, in explanation, that of course I will not swear that the defendant owed his information to his own sources.
His Worship--In the cases you have mentioned? In the other cases the information was furnished by the Inspector.
To which are you referring, then? I refer to the one in Queen's Road West. Two men were arrested; no gambling gear. 3rd November, last year, 57, Queen's Road West; six men and fan-tan gear arrested. On 8th December, Queen's Road West; seven men and gear. No. 85, Queen's Road West, on 21st May, and 89 on the same date; four men and gear in such case. No. 57 again on 14th May, four men and gear; 85, same date, five men arrested and gambling gear. Nos. 59 and 87, Queen's Road West on the 6th July; five men and gear arrested. In all these cases I have it down that they were reported by Inspector Witchell. I received various complaints about these houses--coolies gambling on the roof and so forth.
Defendant--Do you remember at any time telling me not to trouble about coolie houses? I remember in connection with that house you reported to me in Jubilee Street.
The Magistrate--Telling him what--not to trouble about coolie houses?
Witness--No, your Worship, I said I wanted to catch some of the long-coated gentlemen and not coolies. I meant that I wanted a decent seizure and not a lot of coolies.
His Worship--quite so; not coolies as in nearly all these cases.
Witness--I am not particularly referring to these cases but to the majority of gambling cases.
Defendant--Can you say whether the masters were fined and convicted in connection with those warrants which were executed? No, I cannot say.
Defendant--You have visited Kwai Wa Lane, I presume? I have been in Kwai Wa Lane.
Is there anything particular about these houses which would attract your attention to them as being gambling houses? No, I do not think so, but if gambling was going on in them there would probably be evidence of it. There is nothing in the houses per se to attract your attention, but if gambling was being conducted there would be evidence of it.
You know what happens when a European in plain clothes or uniform goes near these places? Yes.
Do they leave any signs of gambling going on then? My opinion is that if gambling is going on in a house on any considerable scale a police officer who knows what he is about--he may not notice it the first day--would notice something odd about that house and that street.
By the rules and regulations no police officer is allowed to enter a house or to send anyone into a house to ascertain if public gambling is going on? No.
You say you raided No. 3, East Street and found a quantity of gambling accounts? Yes. Was there anything in these gambling accounts referring to Kwai Wa Lane? No.
What accounts, if any, refer to me? There are accounts in the books.
What entries? To the effect that money at the rate of $1 a day was paid to you.
Will you kindly produce that book? Witness--Your Worship, I prefer not to produce that book.
Mr. Francis--I think, Mr. May, the book must be produced, and I would ask your Worship to direct that the entries be covered up and sealed except those relating to the defendant.
Defendant--Your Worship, I think that is not correct. Any entries there which might be taken as referring to me might refer to other people. I think the entries should be read now in court so that there shall be a proper and just inquiry into it.
Witness--Do you wish me to produce the book?
Defendant--Yes. I demand that the book be put in, your Worship.
Witness then left the box and fetched the book from his office. He produced it in court.
The Magistrate--That is the book? Witness--Yes.
It is the book which has been asked for? Yes. Defendant--Is that the book which refers to money stated to have been received by me? Yes. Is that the only book? That is the only book that refers to you particularly.
Defendant--I should like to see the entry, your Worship.
His Worship--Certainly.
Mr. Francis--The entries can be translated and read.
Defendant--I am entitled to see the entries.
The Magistrate (to witness)--Will you mark the particular entries in that book referring to the defendant?
Witness--One entry is merely a repetition of the other.
Mr. Francis--How many entries are there altogether? I know there are two. The first entry is "No. 12, $1.10.”
Defendant--Your Worship, is Mr. May a legal translator?
His Worship--He is on his oath.
Witness (continuing)--"Paid to Cheng On." No. 2 entry is--"No. 12, $1 paid to Cheng On." Three characters representing "Paid to Cheng On" are struck out. They are not illegible but simply crossed out, and underneath is put "Entered in Kum's account.”
Mr. Francis--Are there any other characters in the book in any way referring to the defendant except those two? No.
Are there any entries in the book which alter or modify the effect of those entries? No.
Is it important for the administration of justice that the other entries in the book should not be disclosed? It is most essential.
His Worship--Those questions are being put on the demand made by the defendant that he should see the book in its entirety?
Mr. Francis--Yes. My application is that the other entries, which do not affect the defendant in any way, shall be covered up in such a way that neither he nor anyone else will have an opportunity of seeing what they are. Mr. May has sworn that it is essential for the administration of justice that those entries should not be seen, and I shall ask your Worship, after the book has been marked and the particular entries translated, to order it to remain in Mr. May's custody.
His Worship--The witness has stated that there are no other entries that refer directly or indirectly to the defendant, that there are no entries which in any way affect his position, and that it is most essential in the interests of justice that the book should not be--
Defendant--Your Worship, it appears to me that this book has been tampered with already by the admission of the Captain Superintendent of Police himself in court. He says the entry "Paid to Cheng On" has been erased and another substituted.
Mr. Francis (to witness)--Was that erasure made when you seized the book?
Witness--Yes.
Defendant--The book will be put in?
His Worship--Yes, and you can see the entries, but as a very good reason has been given why the whole of the entries should not be put in I am inclined to limit————
Defendant--Your Worship, there is more than one No. 12 in Hongkong.
His Worship--Certainly. I am not going into the question as to how the entries affect you. What the prosecution rely upon, so far as this book is concerned, are those two entries.
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