It was now five o'clock and Mr. Francis suggested an adjournment.
Defendant said he had many more questions to ask the witness.
His Worship then conferred with Hon. J. H. Stewart Lockhart (Colonial Secretary), who was sitting on the bench, and then said that another Magistrate would be appointed while this case was proceeding.
It was then agreed to resume the hearing at 9 o'clock this morning.
Mr. Francis - With regard to the defendant - His Worship - I think he is entitled to bail. Have you any remarks to make about the amount?
Mr. Francis - We leave it entirely in your Worship's hands.
Defendant - I have a wife and family and household goods and there is not much fear that I shall run away. I have nowhere to run to.
His Worship - You will have no difficulty in finding bail?
Defendant - I think I can find bail.
His Worship - Bail in one surety of $500.
The Court then adjourned until this morning.
Daily Press 20th July 1897.
THE POLICE SCANDAL,
INSPECTOR WITCHELL COMMITTED FOR TRIAL.
At the Magistracy yesterday, before Hon. H. E. Wodehouse, C.M.G., the hearing was resumed of the charges against Inspector Witchell. The charges are:-
(1) That he, being an Inspector of Police in and for the colony of Hongkong, did, at Victoria, in the said colony, on the 7th March, 1897, and on divers dates thereafter, unlawfully and in breach of his duty as such Inspector as aforesaid, neglect to report to the Captain Superintendent of Police the existence of unlawful gambling houses in Wa Lane and Cheung Sha Wan Lane, Victoria, aforesaid.
(2) That he, being an Inspector of Police in and for the colony of Hongkong, did at Victoria in the said colony, on the 11th March, 1897, and on divers days thereafter, unlawfully, wilfully, and corruptly accept divers sums of money from the keepers or managers of sundry unlawful gambling houses in Victoria aforesaid to refrain from reporting to the Captain Superintendent of Police the existence of such gambling houses and to protect the said gambling houses.
Mr. J. J. Francis, Q.C., appeared to prosecute on behalf of the Attorney-General, being instructed by Mr. H. L. Dennys (Crown Solicitor). Mr. H. W. Looker appeared to watch the proceedings on behalf of a party interested.
When the case was called on defendant said - Your Worship, I am not a solicitor and I would ask your Worship to assist me in this case. There were a lot of leading questions asked and hearsay evidence produced on Saturday which should not have been allowed.
His Worship - Draw my attention to what you think is improper evidence.
Defendant - Perhaps you are better acquainted than I with that evidence.
His Worship - I am not aware of any improper evidence so far. I will watch the case to the best of my power.
Defendant - Thank you, your Worship.
The defendant then proceeded with his cross-examination of the witness Cheng On.
Defendant - How long were you in the Police Force?
Witness - Between 15 and 16 years.
In what branch of the Force were you? - When I joined the Force I was in the Water Police. In two years I was transferred to the Central Police Station, where I was for several months on charge room duty.
What did you do after that? - After that I was attached to the detective department.
Why did you leave the detective department? - I was told to find a witness. I could not find him and I was reported to Inspector Matheson for sending the witness to Canton.
You were reported for that? - Yes. I did not see the witness.
In what case was that witness concerned? - In a case in which a constable was accused of snatching dice.
And snatching anything else? - Fourteen cents.
Was that all? - And a dice cloth.
Why did you leave the Force?
His Worship - One moment. Who is in charge of this case now?
Inspector Duncan - I am, your Worship.
His Worship - Are any of those people outside the door witnesses?
Inspector Duncan - No, your Worship.
Defendant - There might be some witnesses there.
His Worship - I am told there are not; that is sufficient.
Defendant (to Witness) - Why did you leave the Force?
Witness - I was transferred to Yaumati and I resigned.
Did you resign on a pension? - Yes.
Have you a pension now? - No.
Why? - I took the whole lot at one time.
How much? - $174 or $176.
For 15 or 16 years' service? - Yes.
Was that all you were entitled to? - I do not know. The Captain Superintendent makes up the amount.
You do not know whether you were entitled to more or not? - In the first class I was entitled to more.
Why was your pension reduced? - I was in the second class.
Were you entitled to more in the second class? - I do not know.
Were you reported before you resigned? - While at Yaumati I was fined 50 cents at roll call.
Was that the reason why you sent in your resignation? - No. After 10 years' service I could resign when I liked.
When did you resign? - In 1892.
Did you have a character at your discharge? - Yes.
Can you produce it? - It is at my house.
What does that character say? - "Fair."
And you are quite sure you were not entitled to a bigger pension after 15 or 16 years' service? - One cannot calculate the pension at all. If a man is reported he is sure to get less pension.
If you had not been reported what would you have been entitled to? - I do not know.
You are not conversant with figures? - Yes. I know how to calculate.
Defendant here intimated that this concluded his cross-examination and witness's evidence was then read over.
His Worship also read over part of the witness's evidence and asked him to verify the dates, which he did.
In reference to the statement that the witness's wife told him the Inspector had sent for him, defendant submitted that such a statement was not admissible.
Mr. Francis - The answer was given in answer to defendant's questions. He must take the consequence of that.
The witness was then re-examined.
Mr. Francis - Mr. Witchell has asked you about some silk samples?
Witness - Yes.
From what shop did you get those samples? - Chu Lun, Jorvois Street.
Did you buy silk for Mrs. Witchell or did you only get samples? - She asked me to bring some samples and I brought some.
Answer the question. - I did not buy any silk for Mrs. Witchell, but I brought some samples for her.
Can you fix on the day when she first spoke to you about any silk? - It was four or five days before Dr. Ayres went away - before he gave a tea party.
Have you got samples for Mrs. Witchell on more than one occasion? - On two occasions.
You have told us the one occasion; when was the other? - On the following day or the day after.
Did you get the two sets of samples from the same shop? - Yes.
This concluded the witness's evidence, and he was, on the application of the defendant, detained in court.
Sam Yeen, who said he had no other name, was then called. In answer to Mr. Francis he said - I am now a prisoner in Victoria Gaol. I was convicted the other day of keeping a gambling house in Wa Lane. The sentence was nine months' imprisonment and a fine of ...