You bad authority to put the names in the list P-Yos, because I looked after the accounts. When the raid was made were all the books seized or were some saved?-Nothing was saved; all the books and papers were taken possession of by the Police, but some other papers were burned before then.
Does that list show the total daily payments to Tung Kam?-Yes.
It does not show the names of the people to whom he was to distribute the money-
the names appear in the other book,
No,
Is that the sort of account kept with Tung Kum?--And the others as well.
What is the total daily payments?- $146.88. His Lordship-It is no wonder the business did not pay.
The Foreman of the jury-Does the $116.88 paid daily appear in the general account as one lump sum or as so much money paid away?
Witness-The daily payments of these expenses do not appear in the ledger, but in this bundle of papers.
How did you strike a balance?---I struck a balance by making out the accounts from these papers.
How did the proprietors know the amount when it is not shown in the books? These bills have to be produced and shown to the masters.
So you have no proper books kept for the proprietors?
Mr. Francis, by permission of his Lordship, asked a few questions in regard to the keeping of the accounts and their Lordship said it would be better if the Court interpreter examined the books.
Mr. Robinson said the Crown were not entitled to farther time in this matter. They had had the documents in their possession since June, and he submitted in a case of this sort they ought to have had every document translated for the use of both parties and the Court. His Lordship said it appeared there was very little in the books relating to the defendant, and he thought it would not be desirable to put the Crown to the trouble and expense of translating those books. Of course Mr. Robinson could also have access to the books.
Mr. Robinson said his point was one of general procedure. The Crown ought to have referred to those documents before they came into court. Mr. Francis said the books could not have been put in as evidence for the Crown at all. Therefore the Crown had made no preparations, as they did not expect the books to be referred to.
The Attorney-General intimated that the case for the Crown was practically finished unless the jury wished to ask more questions on the books. They had also the silk mercer in reserve to give evidence if called upon.
The Court had now sat from 9 o'clock until 2.10 without an adjournment, and his Lordship said he had an engagement of a semi-public nature at four o'clock. If the jury wished he would resume the hearing about five o'clock if it was possible to finish the case that day.
Mr. Robinson said he might have several witnesses or he might have only one to call; that depended on circumstances and his judgment at the time.
His Lordship thereupon said the case could not be finished that afternoon and the Court adjourned until 10 a.m. to-morrow.
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SUPREME COURT.
3rd August.
CRIMINAL SESSIONS.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE).
THE CHARGE AGAINST INSPECTOR WITCHELL.
VERDICT AND SENTENCE.
The trial of Job Witchell, Inspector of Police, charged with accepting bribes from gambling house keepers, was resumed.
Hon. W. M. Goodman (Attorney-General) and Mr. J. J. Francis, Q.C. (instructed by Mr. H. L. Dennys, Crown Solicitor), prosecuted and Mr. E. Robinson (instructed by Mr. G. C. U. Master) defended.
The following was the special jury ----Messrs. R. Marten, W. H. Potts, A. Findlay Smith, T. I. Rose, St. C. Michaelsen, E. W. Mitchell, and F. G. Collins.
Mr. Francis said that by his Lordship's direction, Mr. A. Seth, Deputy Registrar, with the assistance of the Court interpreter, had made an examination of the books with reference to which the jury had made an inquiry on the last day of the trial.
His Lordship said Mr. Seth had better be called as a witness.
Mr. A. Seth, Deputy Registrar of the Supreme Court, was then called. He said that since the last hearing he had examined the books produced at that hearing and also eighteen slips. The eighteen slips each contained a day's receipts and expenditure. The receipts consisted of cash and pledges. The expenditure consisted of cash, "peace" money, and sundries. The accounts were balanced daily, so that each slip showed the daily balance to credit or debit. Those daily balances were carried to what might be called the ledger. At a certain period the total losses or profits were struck and carried into the year's account. The books showed that in the 11th and 5th moons the total profit was $34,681.08 and the total loss $39,336.61. Having examined the books witness was able to say that the items of commissions charged in the daily sheet were carried through the whole set of books.
In cross-examination by Mr. Robinson witness said there was no statement of the year mentioned. The name, Tung Kum, did not, as far as witness knew, appear in the documents, nor did the name of No. 12. The wages averaged $17 or $18 a day, sundries averaged $15, and there was a daily average in the fifth month of $150 for commission.
In answer to his Lordship witness said that the term "commission" would cover payments made in the way of hush-money. Each of the eighteen slips dealt with one day. The ledger dealt with the period from the 29th day of the eleventh moon to the 19th day of the fifth moon. From those slips a person could get an idea of what was going on in the business. The books did not appear to be fabricated or unreal.
Sam Yeon was then re-called to state that the slips were the daily account for the fifth Wan fat Lau business. They related to the fifth moon of this year. The item "commission" included hush-money. The gaming house was open from 6 a.m. until 12 p.m. Before he said the house was open from 6 p.m. until midnight.
This concluded the case for the Crown.
Mr. Robinson said he did not intend just then to address the jury at any length because he had witnesses to call. He would call Mrs. Burnett, who would prove that on the very day on which Cheng On said he had the conversation with Inspector Witchell in defendant's house Cheng On called at the house with samples of silk and he did not see the defendant that day because he was upstairs all the time. He only saw Mrs. Witchell (whom counsel could not call) and Mrs. Burnett in the dining room. Therefore Cheng On told a deliberate falsehood when he said he had a conversation with the defendant. The reason why silk was wanted was because defendant wished to send some home to a friend. The whole case rested on the evidence of Cheng On, who was utterly unworthy of belief. The evidence would show that Cheng On did not go to the house to talk about bribes, but to take samples of silk. Counsel then pointed out the relative positions of the two men, Witchell and Cheng On. Witchell was, as the jury had heard, one of the smartest and most zealous officers in the Police Force, while Cheng On was the chief excise officer, that is, the chief native officer over the native excise officers under the Opium Farmer. The defendant knew that by being on friendly terms with the chief excise
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