For twelve years' service P-Yes. Was that the full amount that you were entitled to P-Yes, and three months' "cam-shaw."
There was no deduction for misconduct P-No.
Did you at any time go to Sam Yeen in company with Cheng On P-No.
This concluded the cross-examination and defendant asked his Worship to order all the witnesses to be detained in Court that they could not communicate with any other witness.
His Worship acceded to the application.
Ho Wai Tsim was then called. He said-I keep a mercer's shop at 118, Jervois Street. It is a shop where Chinese silk is sold. I am the manager. I know Cheng On, whom I recognise, in court.
Mr. Francis--Has that man at any time got any samples of silk from you? F-Witness--Yes.
Did he get them from you personally or someone else in your employment?-He got them from me personally.
When?-During the first decade of the 4th moon: between the 2nd and 11th May.
Did he get samples of silk on more than one occasion?-Only once.
How many samples did he get at that time?---Three or four.
Did he change those samples or get others at any time?-He came and asked me to change them and I said we had not any more. He did not return the samples.
How soon after he got the first samples did he come and ask for others?-One or two days afterwards. He asked for samples of blue silk.
Did he buy any silk or silk clothing from you at any time?-He bought two pieces of silk cloth.
Was that before or after he got the samples?--Before.
How long before?-Between ten and twenty days.
Did he buy any silk of which you gave him samples?-No.
Did you make any clothes for him?-Yes, two pieces of clothing.
What were they?-One blue silk jacket and one tight silk jacket.
About what time did you make that blue silk jacket?-On the 20th May.
Where did he get the silk from which you made that blue silk jacket?-From my shop. He ordered the jacket in my shop.
Did he pay for the silk and jackets?-No, he has not paid the money.
Does he owe you for them or were they presents?---He owes me.
Is the account entered in the books with the proper date?-Yes.
By what name do you know him?-Cheng Man San.
Is that the man (pointing to Cheng On) who bought the silk and got the samples?-Yes.
Did you know him before he bought this silk?-Yes, I have known him for many years.
Defendant-Do you remember if I have ever been to your shop to get samples or to buy silk?---No, I do not remember.
Mr. Francis-Your Worship, that is the case for the prosecution, and I would ask your Worship to commit the case for trial. Of course if Mr. Witchell desires to call witnesses here your Worship will be bound to hear them and take their evidence. This is one of those cases your Worship cannot deal with unless you entirely discharge it if you decide there is no case to go to the jury.
His Worship-There are one or two questions which I wish to ask of witnesses before committing. With regard to the list of names, in what light do you wish me to regard that as evidence? It has merely been mentioned as having been found.
Mr. Francis-Your Worship will please bear in mind that I did not put it in evidence. It was called for and put in evidence by the defendant himself; he called for it and asked for its production. Your Worship will remember that I simply brought out the fact of the existence of such a book, but I did not tender it as evidence nor make use of it as evidence.
Defendant-In the other case the Hon. the Captain Superintendent of Police inferred from what he had seen in other account books-
His Worship--One moment.
After looking at the depositions His Worship said-The book having been put in and the defendant wishing to examine further on it.
Mr. Francis-I do not think, according to the ordinary rules with reference to the discovery of new evidence, he has a right to examine anything other than that which refers to him either directly or indirectly. It is a constant practice in the Supreme Court when books of a confidential character are produced, for instance, merchant's books, that only entries referring to the particular transactions are exposed, the witness of course swearing that there is nothing else in the book or in the accounts which in any way refers to the case before the Court or which affects the prisoner. The defendant is entitled to see the entries affecting him if he likes.
The defendant asked, "Is there anything in that book referring to me?" and the Captain Superintendent of Police was bound to say there was. The defendant is certainly entitled to see anything in that book referring to himself.
Defendant--I think the book was brought out by counsel. He said that $1.10 and $1 had been paid to "No. 12."
Mr. Francis-It was wholly in answer to your question.
Defendant-I think not, sir.
Mr. Francis-If your Worship will look at the evidence you will see that I simply got out the fact that a complete set of accounts was found. The moment Mr. Witchell asked questions about it and insisted upon knowing what entries were in it it became evidence for all purposes.
His Worship asked if the defendant was not entitled to examine the book, it having been put in.
Mr. Francis said no.
His Worship asked for an authority.
Mr. Francis replied that he had no law on the subject with him, but it was the constant practice in the Supreme Court to disclose only such entries as related to the particular case. Counsel also pointed out that he did not think his Worship need trouble himself about the matter as it must be dealt with at the Supreme Court. Of course the book was in the custody of Mr. May and it had been marked by his Worship. The question of how far it was evidence would be disposed of at the Supreme Court.
His Worship (to defendant)-Do you reserve your claim to cross-examine on that book, supposing the case be committed?
Defendant-If your Worship commits the case I will reserve my claim.
His Worship-On that understanding I will say no more about it.
Hon. F. H. May, Captain Superintendent of Police, was then recalled.
His Worship-When did you become Captain Superintendent of Police?
Hon. F. H. May-On the 11th May, 1893.
Were the police regulations, from which you quoted rule 73, made before your time?-Yes, in 1892.
That rule you say refers to constables and not to inspectors; is that so?-Yes.
In those rules and regulations are there any rules referring to Inspectors regarding gambling?-To the best of my knowledge there are not.
What rules have the Inspectors for their guidance? You read out an order the other day; is there any other order for their guidance besides that?-There are other orders.
Those orders would be issued by the Superintendent, would they not?-Yes.
Departmentally?-Yes.
Have the rules and regulations been issued by the authority of the Government?-Yes, but there are some orders which the Captain Superintendent has power to issue himself.
Are there any orders for the guidance of the police to which you would like to call my attention?-Yes. I should like to show you the order to which Inspector Witchell referred.
Is the order you read on Saturday respecting gambling the only order you have issued on that subject?-I think so. I do not remember any other order.
Has this particular order received the sanction of the Government?-No, it was not necessary.
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