Were they told that if they would tell the truth they would not be punished?—Yes, they were.
And they said they knew nothing against the men who have been suspended and nothing against Witchell?—No, they did not.
What did they say?—If you will ask me separately in regard to each man I will tell you about them, but I cannot lump them all together.
Did any of them give any information to incriminate?—No.
To incriminate Witchell?—No. Through whom was the communication that they would be not punished made?—Through Mr. Ewens's interpreter.
Oh, you spoke to Mr. Ewens's clerk and told him to tell them?—Yes.
These men were banished?—Yes.
With regard to Sam Yeen—he is in a different position, he is a convicted man—what hope was held out to him?—He was told that if he would make a full disclosure his case would be taken into consideration by the Government if he desired any mitigation of his sentence.
He was sentenced to nine months' imprisonment?—Yes.
In answer to further questions witness said that he denied he was exceeding his powers in committing the men arrested under banishment warrants to Victoria Gaol. One of the men was an opium smoker. He was not told that if he would make his statement first he could get his opium. He got opium the second day after his admission to gaol.
At this point the Court adjourned until ten o'clock this morning, when Mr. Robinson will proceed to cross-examine the witness in regard to the books found in the house in East Street.
The defendant was allowed bail as before.
SUPREME COURT,
30th July.
CRIMINAL SESSIONS.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE).
THE CHARGE AGAINST INSPECTOR WITCHELL.
The trial was resumed of Job Witchell, Inspector of Police, who is charged with accepting bribes from the keepers and managers of gambling houses between the 13th March, 1897, and the 19th June.
Before the case proceeded Mr. Robinson said that the gentleman who was giving the bond wished to go away and counsel asked the leave of the court to extend the bond until the conclusion of the Sessions.
The Attorney-General offered no objection, but he remarked that the application implied that his learned friend was going to occupy the court a great number of days.
Hon. F. H. May, Captain Superintendent of Police, was then called for further examination. On entering the witness box he said—My Lord, I notice in the newspaper report this morning of my evidence the following question—
His Lordship—Are we concerned with that?
Witness—I wish to make a slight correction.
His Lordship—Is it something you stated yourself that is not quite accurate or is the newspaper report inaccurate?
Witness—I think there was something in the mind of the learned counsel who put the question to me that I did not take exactly as being in his mind. The question was, "Was anyone in connection with Cheng On told that it would be better if Cheng On made a clean breast of it?" I took that to mean somebody connected with Cheng On—some of his family relations or Chinese friends—and I said "No." It occurs to me that possibly the learned counsel may have referred to Cheng On's solicitor, in which case the answer would be incorrect, for I did say to Cheng On's solicitor that the best way to help his client would be by telling his client to make a clean breast of it. The same in regard to Tung Kam. I did not make any promise or make any definite reference. I simply said to their representative, in the words of the learned counsel, that it would be better to tell the truth.
Mr. Robinson (cross-examining)—Who is No. 12?
Witness—No. 12 is Inspector Witchell.
I repeat the question; who is No. 12?—No. 12 is Inspector Witchell.
His Lordship—The witness has already stated that the Chinese called him that. You cannot go beyond that. He said, "I know the Chinese call him No. 12." The jury's time is very valuable and you must really try to get the trial over in a reasonable time.
Mr. Robinson—I think your Lordship will see that it is Mr. May who is taking up the time. (To witness.) Who is No. 12?
His Lordship (To witness)—In your judgment who is No. 12?
Mr. Robinson—Not in his judgment.
His Lordship—As far as you know who is No. 12?
Mr. Robinson—I have not asked him in connection with this case. I say, who is No. 12?
His Lordship—We are not dealing with any other case but this case.
Mr. Robinson—If your Lordship pleases. Who is No. 12?
Witness—Inspector Witchell.
Inspector Witchell was No. 12. Who is No. 127?
His Lordship—Why can't you put the question in a different way?
Witness—Because I want to see how the witness speaks. Your Lordship is not so au fait with the numbers of constables as Mr. May. (To witness.) Who is No. 12?
Witness—If you refer to P. C. No. 12, there may be a constable with that number, but I cannot give his name. He would be referred to as P. C. No. 12, or if he is a sergeant, P. S. No. 12.
Mr. Robinson—I asked you who is No. 12 and now you are volunteering the statement that gamblers would call him No. 12.
Mr. Francis—He has not said anything about gamblers.
His Lordship—He has already stated that so far as this case is concerned the defendant was called No. 12 by the Chinese.
Mr. Robinson—There is more than one No. 12. The Inspector's number was 12 and if you see No. 12 in the book it must be the defendant?
Witness—Yes.
Is there not another No. 12 at the present moment in the colony?—Yes.
A man of the name of Sullivan?—I think it is Sullivan.
Attached to the Central District?—Yes.
How long has he been here?—He has been here about eighteen months.
That is during the whole period of this gambling house?—Yes.
As a matter of fact as an Inspector is raised he ceases to carry a number and the number is given to a new man?—Yes.
Some of the numbers have been borne time after time by different men?—Yes.
In regard to these books, when you found them in No. 3, East Street, was that the first time you had been in East Street?—Yes.
When you got there you found six men, I think?—There were more than six men.
Did you receive a communication about East Street?—Yes.
From a barrister in the colony?—Yes. A communication from Mr. Francis, Q.C.?—Yes.
Did he tell you who his informer was?—No.
Did he say that some man had been to him?—He did not say where he got his information. Mr. Francis only told you he was informed?—Yes.
You had never been into No. 3, East Street; have you ever been into East Street?—Yes.
You had never been in this house?—I may have been at the time of the plague.
You did very good service then, we all know; but apart from that you have no acquaintance with East Street?—No.
In this case the warrant was signed by yourself in your character of Justice of the Peace?—Yes.
Did you issue the warrant to Inspector Mackie?—It was not issued to anybody in particular.
To all or any constables, and you handed it to Inspector Mackie?—Yes.
And you went with him?—Yes.
In answer to further questions witness said...
469