I limit the production of the book to the two entries the Captain Superintendent of Police has read out, and I will take any steps that are wanted to keep the book undisclosed.
Mr. Francis--I ask your Worship for these translations to be made by Mr. Brewin, who is a sworn translator, and not by any other translator.
The Magistrate--I have no objection to that. Witness--I understand, your Worship, that you will return this book to my custody.
His Worship--I shall return the book to your custody. Only these two entries are in the custody of the Court and they will remain so. I shall hand the book over to the constable in charge of the case.
His Worship and Mr. Francis here had a private consultation at the request of his Worship.
Defendant--Are these two entries you have found in your seizure at No. 3, East Street the whole of the entries in connection with me?
Witness--Yes.
The first entry is $1.10 and the second one, $1--Yes.
And entered in Kum's account--Yes.
Are you quite sure I am known to the Chinese as No. 17--Yes.
Could you state what days intervened between the warrants that were obtained for Kwai Wa Lane--29th October, 4th November, 10th November, and 24th November.
Each gambling district is defined and one Inspector put in charge of each district--Yes.
Is an Inspector allowed by the rules of the Force to take out a warrant in another Inspector's district?--He is not allowed to take out a warrant at all without permission.
Is there an order prohibiting an Inspector taking out a warrant in another Inspector's district?--There is no such order.
Are you quite sure?--To the best of my knowledge no such order has been issued by me and I do not remember reading such an order.
I will read my order relating to gambling. Gambling in the Central District. Inspector Witchell will take charge from Central Market to Kowshing Theatre below Queen's Road Central. Inspector so and so takes charge of No. 2 section. Inspector so and so takes charge of No. 3 section, etc. Inspector Stanton will assist the above Inspectors in the suppression of gambling." That order is dated 12th May, 1893. That was three months after I took charge of the Force. That order has remained in force since.
I think in the Police regulations you will find that no Inspector is allowed to take out a gambling warrant except in his own district?--There is no reference in the Police regulations to these gambling districts. That order is a departmental arrangement made by myself.
Then there is not an order to the effect that no Inspector is allowed to take out a warrant in another Inspector's district?--Not to my knowledge.
Regarding No. 2, Wa Lane, have you visited that house?
You have not seen the house?--I have seen the house, but I have not been inside.
Can you describe the entrance to it--where the entrance is?--I am not sure how the lane is numbered. I think it is at the Lower Lascar Row end.
My reason for asking this is that I understand a charge was brought against the master for gambling at No. 2, Wa Lane. My answer is I am not quite sure at which end of the lane the entrance is, whether it is at the Hollywood Road end or the Lascar Row end. I rather think it is at the Hollywood Road end. There is nothing particular about the entrance.
You say $1 a day has been paid?--Yes. But is there only one entry of that amount being paid.
Mr. Francis--That is a matter for argument and not a question.
This concluded the cross-examination of the witness.
The witness's evidence was then read over to him. The notes of His Worship made the witness say that the other entries in the book did not refer directly or indirectly to the defendant.
Witness--I did not say "indirectly." His Worship--I am inclined to think you said it.
Witness--Well, it is not material.
After the whole of the evidence had been read, witness said he wished the word "indirectly" struck out.
Defendant--Then how about the other entries? The witness suggested before that they did not apply directly or indirectly; now it is altered to directly.
His Worship--I think you are entitled to further question the witness on that point.
Mr. Francis--The next statement of the witness, I think, gets over the apparent difficulty; it completely covers the same point. He said "These are the only entries I find that relate to him in particular."
Witness--To the best of my knowledge and belief I did not say "indirectly." If your Worship thinks you can trust your memory so far I will leave the word in.
His Worship--My memory consists of taking the words down as they were spoken.
Mr. Francis--The probability is that I put the question in that form.
Witness--I am prepared to say there is nothing in the list except those two entries that could implicate the Inspector in any way.
Defendant--Do those two entries refer to a daily account?
Witness--They do.
What is there in that book that causes you to think it refers to a daily account?--I know from my examination of other account books that it is a daily account.
Defendant--I should like those other account books put in. Can that be done?
Mr. Francis--Is there anything in that book that has been put in, beyond these two entries, that shows they are periodical payments, or do they simply appear as two entries without date or any indication of how, when, or where they were made?
Witness--In this book--
There are simply two entries?--Yes.
As payments--In this book there are simply these two entries.
Defendant--That does not refer to any other book?--No; it refers to no other book.
And no other books refer to that?--No.
His Worship--Are you able to let me see those other account books?
Witness--I say there is nothing in those other account books which directly refers to this account book.
Mr. Francis--You mean to say you have inferred from what you have seen that they are daily payments. You do not know as a fact?
Witness--I infer that.
What you have done is to state as a fact that you know they relate to a daily account. "I know this from the other account books."--Yes.
His Worship--I think the defendant ought to see those other account books.
Witness--I see no objection as long as the books are returned to my custody.
Are you able to produce the books that led you to that inference?--I can produce them.
Witness then went to his office and after an absence of a few minutes he returned and said--I find, your Worship, that the production of any other book will not carry my evidence any further as to that being a daily account. I say that to the best of my knowledge and belief it is a daily account.
His Worship--You do not know it from an examination of the other account books?--I say to the best of my knowledge and belief it is a daily account, but I will not swear it is a daily account.
Defendant--From what facts have you derived that opinion?
Mr. Francis--I do not think, your Worship, that is a question the defendant is entitled to ask. I am afraid that later he will have information on that point.
His Worship--I think the defendant is entitled to ask from what sources the witness derived his opinion.
Defendant--I do not wish to press the question.
His Worship--As the case proceeds you will understand more, probably.