be carried further by saying that there was nothing to show that there might not be a number of houses in Cheung Hing Street and a number of houses in Wa Lane; but he did not think the objection could prevail because it seemed to him that it might appear on the evidence that the transaction was single one and complete in itself. Under those circumstances it would certainly be inconvenient to break up what was really one offence into two separate offences. If in the course of the trial it appeared that the takings and places were separate then his Lordship would put the prosecution upon its selection to say which of the places it would proceed on. He might say that the information was duplicitous.
The last objection was that the information was too general and that the Court ought to quash it on the ground that it was not sufficiently clear. With regard to that his Lordship thought that the information should have set forth the particulars of the taking of the bribes somewhat more fully. In accordance with the rules which regulated the framing of informations and indictments the defendant was entitled to more precise information, and by the power conferred by section 6 his Lordship directed that the defendant be furnished with the names of the keepers and managers of the common gaming houses from whom the bribes were alleged to have been received and also with the numbers of the gaming houses in the several streets. He understood Mr. Robinson would agree if the particulars were furnished in the course of the trial.
Mr. Robinson said he left himself entirely in his Lordship's hands.
Defendant was then called upon to plead and he pleaded not guilty.
The following special jury was called—Messrs. R. Marten, W. H. Potts, A. Findlay Smith, T. I. Rose, St. C. Michaelsen, W. Mitchell, and F. G. Collins.
Mr. Francis then opened the case for the Crown. He said he represented the Attorney-General, who was unable to appear just then. Everyone knew that among the vices possessed by the Chinese the one that had given the greatest trouble in connection with the government of this colony had been their devotion to the vice of gambling, and since the early history of this colony efforts have been made in different forms to put down the vice of gambling. Gambling, that is, the keeping open of gaming houses for the profit of individuals who are occupiers or owners of these houses, was in the nature of a business and it was generally conducted as a business, going on continuously. From the keeping of these public or common gambling houses there had always arisen in the history of the colony occasions on which it had been found that the managers and owners of the gambling businesses had, as it were, got the better of the Government and of the law by adopting underhand methods and corrupting the police force to prevent the law from being put into effect. Probably the jury would all know that at one time in the history of the colony the operations of the police were so great~~
Mr. Robinson, interrupting, said his friend was going outside the case by introducing the history of the colony.
His Lordship said he thought it was not usual for counsel to be interrupted in his opening statement when facts of general knowledge were given.
Mr. Robinson said it might be general knowledge, but he did not know it.
Mr. Francis, continuing, said that gambling had taken such a position and the Force had become so corrupted that one Governor thought it advisable that gambling should be licensed in the colony. That experiment was tried and to a certain extent was fairly successful, but it was put an end to by influence from England. With a view to preventing as far as possible the corruption of the Police Force the general body of police was withdrawn from all connection with gambling—the suppression of gambling houses—and the duty of looking after gambling houses was entrusted to high officers in the colony who were specially paid for the purpose. That system did not work and other alterations were made, first in the law and secondly in the procedure, and ultimately the suppression of gambling in the colony came to be dealt with in the way in which it was at present. The primary duty of suppressing gambling was entrusted to the Captain Superintendent of Police and the Inspectors of Police in their respective districts, and even they were placed under certain limitations. Certain abuses had occurred in the past in connection with gambling houses and it was thought advisable to make as much limitation as possible. At the same time an alteration was made in the law with reference to gambling, and whereas public gambling was the only offence which had been previously recognised—that is, the keeping open of houses for the purpose of public gambling—the law was altered and it was no longer the keeping open of a house for public gambling which constituted the offence. The offence derived its character from the nature of the game carried on. As the law now stood all houses open to the public were subject to the law, providing there was one person who had a greater advantage than any other.
Counsel then explained the way the Inspectors were delegated to various divisions, saying it was the duty of each Inspector to report gambling houses, but he could not enter. Inspector Mitchell had been attached to the No. 1 section since August, 1896. During the greater portion of this year the Government and the Captain Superintendent of Police were under the impression that common gaming houses in the colony had been to a very considerable extent, if not entirely, suppressed and that with the exception of what might be called the ordinary every day gaming in coolie houses there was no public gambling in the colony. The house in East Street which was raided was not in itself a gaming house but the headquarters of a syndicate. In that house the Captain Superintendent of Police found, on the 21st June, a quantity of money, a quantity of jewellery, and also an almost complete set of books showing the transactions of this gambling syndicate or partnership from the 1st January, 1896, to the present day.
Mr. Robinson asked his Lordship to make a note of that statement.
His Lordship said he had taken a mental note. It was not usual to take a written note of counsel's opening speech.
Mr. Francis, continuing, said the discovery resulted in an immediate and close investigation into the circumstances which appeared to be disclosed by the books, and counsel thought the jury would be satisfied after hearing the evidence that it was abundantly clear that from at least January, 1896, to the 19th June two gambling houses, one in Wa Lane, and one in Cheung Hing Street, both of them being in the neighbourhood of Taipingshan, had been carrying on a very extensive business with the greatest impunity. He did not say they were carrying on a continuous business, but it was so far continuous that the houses were closed only for short periods. The jury would understand the difficulty there was to say in what particular houses in these two streets the gambling was carried on as the partnership occupied several houses in the streets, and from time to time the gambling was shifted from one house to another, but it was known generally in what houses this shifting business was carried on.
As the result of the information obtained from the books and of the inquiries which followed on that discovery it became apparent to the Government that there was a very serious amount of corruption among the police force generally, that a considerable number of these subordinate officers of the police—European Inspectors—were habitually in receipt of bribes from these two houses, and that the whole, or nearly the whole of the Chinese detective force were in the same condition.
Mr. Robinson here objected to that statement as it would prejudice the prisoner.
His Lordship thought that such a statement might prejudice the prisoner.
Mr. Francis said it was almost impossible to state the matter fully without making such statements. They were fairly relevant facts; facts necessary for explanation were relevant.
His Lordship thought Mr. Francis ought not to embarrass the case.
Mr. Francis, continuing, said that as the result of these discoveries three facts supervened. A certain number of Chinese detectives were...