370
103
stolen goods being found on the uncle's beat Witness's wages as cook were three dollars a month. He had seen. the pilot of the Kin Yui before the latter came to the prisoner's house, but had never spoken to him; the pilot did not know him. When the conversation was going ou about the shooting of Yeung Kas Wan witness was in the same room, and heard everything.
A
Mr. Morgan Phillips asked the witness to repeat in Chines, without stopping, what the pilot said, and this he did. Interpreted, it was to the effect that there was a reward of about $10,000 and several buttons offered for Yenug Kue Wan.
THE HONGKONG WEEKLY PRESS AND
Hotel, and they would be under the charge of the usher.
The Court rose.
A PRECEDENT.
Although the course adopted by the Acting Chief Justice in ordering the jury to be locked up for the night is one which has not been followed for many years, the Court records show that a similar thing happened in 1865, when Sir John Smate was thief Justice. In Mr. J. W. Norton Kyshe's History of the tws and Courts of Hongkong. Vol. II, p. 140 we find the following interesting parallel-→
1901.
[May 23, 193.
It
bolonged to his de the palent which brother; it bore the date 30th January The patent was sealed with th viceregal seal of Viceroy Tak. that Chan Tai Oa (the official man Chan Lam Tsai) had exertel himself in th arrest of the leader of the Ko-lo Society other members of secret societies and get credit was due to him. His brother Iam showed him the patent of his rank wher received it. Long before he got it he told witness that he was going to get it for the shooting of the reformer Your Kus Wa After his brother showed him the diploma the The first instance also of a jury, being went and worshipped joss to give thanks to Cross-examination continued-The pilot did detained in custody overnight happend upon the receipt of the diploma. After reading
through the document, witnes asked not ask the witness to leave the room when he 26th February, 1868, the case R.
Tai and Koong A was discussing the project, in which the accused Lee
a Fook, charged brother what the words Ching Lang Ta brother told bin the bis asked him to participate. His reason for no.with making a murderous attack. At a few meant, and
meant chief leader of joining in it was that he was too busy with the minutes before seven, the Chief Justice remarked these words
and referred to the dece that as the ongs could not be finished that night rebellion cooking, and he did not make a report to the police because prisoner threatened to kill him if it would be desirable that the jury should be Young Kue Wau. His brother had not be When the prisoner visited the nucle's ocked up." Mr. Whyte said he was qui e will. concerned in the arrest or assassination of an he did. boat on the night of the 10th January, he said ing on behalf of the prisoners that the jury other revolutionary but Young Kue Wa right away that he had shot Yeung Kue Wau should be allowed to leave. His Lordship got special instructions to carry out this murde dead. He afterwards went ashore, but witorss's remarked that he had not the power to allow After his brother's death, witness got poss uncle, who still kept a marriage-boat at Yau- the jury to leave. According to Sectious 22 and of his brother's papers innding the dipin mati, did not follow him and report to the police, 23 of Ordinance 11 of 1861 he was bound to through his sister-in-law. After his brothe Witness went have them kept in charge of an officer got his rank he was put in charge of a war-jui as he was afraid of the prisoner.
As to Mr. and was in that position up till the time a to Canton in February to obtain a loan from the until the was finished.
cake prisoner, who had borrowed a couple of dollars | Whyte consenting to their going away death. After he staye! with the gang in
Priamer out of $6 paid to witness as wages,
he would remark that by a late decision Ka Chuk's barracks be next saw the pris between 19th February and 19th March refused to lend him money, but it was not ou it was held that a prisoner could consent to that account that witness was giving evidence nothing (R. e. Bertrand, 1 Lane Reporte, P.C..place called Pun Pu near Cauton: prisoner va against him.
Witness never gave information 520). He was very sorry that the law should then wearing a button of the fifth rank and
on board the flagship looking after odds an to the police; the police came to look for him put such an inconvenience on a jury bat he
Prisoner afterwards went home i on or about 10th or 11th April this year. could only obey the law; and the Court was ends He felt bound to tell the police what he knew, accordingly adjourned until next morning and his sweetheart in his country. Witness pert saw him in his (witness's) house in Cantonale: and also felt safe in doing so, althongh he was the jury removed to the Hotel de l'Europe." afraid to go out on dark nights now.
From the Daily Preis of 27th February, 23rd August. About the same time he test Re-examined-The prisoner was arrested long 1868, we find that the jury was as follows: prisoner on board his brother's junk. before the police came to see him
Messrs. L. P. Ward, J. Parsons, J. da Silviera, brother was executed on 25th September, i G. Agabeg, P. Macvicar, J. E. Manger and E. Subsequently he did not see the prisoner
after his arrest. Prisoner bought a wife sti Eriman.
time.
Yor
Chan Wan, examined by Mr. Sharp, said be was employed at present as a cook ou board the Zafiro. He knew the prisoner, who nicknamed "Sow
SRA
The chronicler relates that
"Mr. Whyte said he did not know where the jury could be kept. Certainly not in the Court, and he thought the gaol was the most comfort able place.
(jutting teeth") by reason The countenances of the jury fell consider- of the peculiar formation of his teeth. Witness's ably when they heard this discussion going ou brother Chan Lam Tsai: was a member of the
as to their probable fate for the night, and gang, and was executed because two letters when it was finally announced to them that were found in his possession by Li Kathey could not be out of the enstody of the Chuk. Witness had seen and read the letters, Court they appeared to feel decidedly uncom which did not relate to the murder directly, fortable. simply asking his brother fo come down to Hongkong from Canton, as the Government of Hongkong wanted him. One of the letters was sent by Mui" (the Chinese for Mr. May, then Captain Superintendent of Police). Witness was present at the execution of his brother, whose head was cut oft the Honam side of Canton. He remembered the. murder of Yeung Kue Wan. aud during the few months preceding it witness was living at Canton with his brother, who rented the house and lived in it. with his
8 soldier aud family. His brother was
011
#
gambler--a soldier when times were busy and a gambler when they were slack. Li Ks Chuk, the mandarin, was the head of the Chak regiment. Ko Ping Shau, whom witness He of Chuk's 'sokliers. knew, was one called at witness's brother's house on 6th brother January, 1901, sad the two-the and Ko Ping Shan-had a conversation, after which they went to La Ka Cink's barracks,
When he came back he had a conversation with Tang Cheung, the other man living in the house, and very early next morning all three witness, his brother, and Tung Cheung-went to Chuk's barracks. Witness remained outside but the other two went in and later on Bont far him. When he entered he saw the
|
"At a few minutes before seven, Mr. Whyte concluded the evidence of A Choe, and the Court was accordingly adjourned until this morning, and the jury were removed to the Hotel d'Europe.”
Thursday, 21st May.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR FIR HENRY S. BERKELEY (ACTING CHIEF JUSTICE),
OF DEATH.
THE GAGE STREET MUROBB TRIAL SENTENCE The trial was continued of Lui Chui alids Li Kwai sau who was charged with the murder of a Reformer schooluaster at 52, Gage Street
on 10th January, 1901.
Mr. E. H. Sharp, K.C., Acting Attorney General (instructed by Mr. F. B. L. Bowley, Crown Solicitor), conducted the prosecution; and Mr. T. Morgan Phillips, barrister-at-law, was for the defence.
Cross-examined-Before the death of Kuo Wau prisoner was unknown to i Prisoner was not present at the bone of w brother and at Li Ka Chuk's barracks in Canke It was Li Ka Chuk who instructed his broth to carry out the murder. He first saw priver at the barracks after the death of Young k Wan, Witness's brother said in the bak that the prisoner ran away when he bed shots,
Re-examined-He did not see the orderij payment of the 82,00 to the prisoner; the orders for the payment of $2009 each i his brother and Tong Chung.
Kong Ngan Ying, a fishmonger from Yacat deposed that he first met the prisoner Jaunary, 1901, at West Point with Lan and others. There they went into a testis He kuow Lam Tsai. Afterwards he in that two of the others along with the prior were Tung Chung and Tsai Fak. He gr prisoner again on 10th January at West Pet in the Street; long with him were Chan lat Tsai, Tung Chung and Tsui Fak. They witness to an eating-bous. After that they to the house of Ng Lo Sam, whom he hai between ten and twenty years. Li Chi secretary to Li Ka Chuk, was there; al named Yenng Ching Kai, captain of the Li Chi Tin asked him whether he "rished go or not." Witness asked "Go where
"To go to shoot Yeng Chi Tin replied
Witness said he was not going. Is Wau." oner and the others were all present. L Tin then said "Why don't you go? there is Chan Wau, who had been under examination reward of between $10,000 and $200 what we, we can be the trevious night, will get au appointmont as a mandarin"; was again put in the witness-box. He said that the reward would come from Viety fal he met gang
in Canton after the Li Chi Tin explained that Yeaug Ku j now deceased, stated that he entered the house The others agreed to go, namely, the pes first and did the actual shooting. Tung Chung Lam Tsai, Tsui Fuk and Tung Charg not go to Hongkong. Qn the afternoon of accompanied him. Tsui Fuk and the prisoner | gang then left the house. Witness followed th remained outside. Three of the gang received up Gough Streetand Aberdeen Street, Ti 10th January he saw the brave again, four the greater part of the money reward; these stood in front of Young Kue Wan's hor
the pro were the prisoner, who got $2,000; Lam Tsai the corner of Aberdeen Street and Gare d living in Li-Ka Chuk's barracks for about teur; and Tung Chung S2, 100 de That The prisoner walked ahead of Ladd
The hearing was adjourned at this point, and
three also got buttons of the fifth rank, along went up the flight of stone stops at the bed
Witness saw two of the house entering on the lane. La T his Lordship directed that the jury were to be the diplomas of rank, one in the possession of his † Tung Chung walked towards the stour locked up
for the night. Accommodation elder brother Lam Tsai and one in the possession and at the bottom of the stops prisoner would be found for them in the Hongkong of Tung Chung. He produced and identified down. They appeared to be talking
captain of the kin Yui and the other two besides
one of Li Ka Chuk's braves and a fourth member of the gang named Tsui. Witness was not included in the interview between the cap. Witness's
tain of the Kin Yui and, the other four, but when it was ended those latter went to catch the morning boat to longkong. Witness did
days later his brother, and after that Feat. These three and the prisoner with others were
days.
£
with about twenty others.
CHINA OVERLAND TRADE REPORT.
502
371 dining prisoner said "Some time ago I asked he was. you to do a certain thing and you were afraid; Canton made this plot it was
If it was true that the officials in look at me now.
no defence to I am a mandarin and have the prisoner that they had not now standing money to spead." Prisoner tobi him that they before them in the dock these officials from had killed Young Kue War. Lum Tsai did the Canton. As a possible explanation of the long actual killing and prisoner acted as a watchman. silence of the with sees and the sudden giving Cross-examined--He was afraid to give in- of information he might point out that the formation about the plot as the prison r brother of one of the witnses-Lam 'Tsai who, When he threatened that he would le beaten to death committedthe actual murder-had been beheaded
if he told anyone.
by the Chinese Government for having been found in possession of a letter from Mr. May, the then had of the police in Hongkong, and that it was not aunatural to suppose that the deceased man's bro her in coming forward to give evidence might be actuated by the strongest of all passions, revenge..
The jury retired to consider their verdict at 4,50, r.tarning to the Court at 5 o'clock; and the Foreman announced that the jury unani- mously found the prisoner guilty.
His Lordship directed the prisoner to be asked if he had anything to urge why sentence should not be passed upon him?
The Prisoner replied that he did not do it; Probe had nothing more to say.
May 23, 1903.7 prisoner stayed at the bottom of the stops and the other two went up the steps Shortly after went up the lane he heard these two men
a firearm coming from » tow shots from Yg Ka Waa's house. During that time prisoner remained at the foot of the steps Witness was standing in front of a grocer's stop in Gough strest From there he could see the stops but not the door of the house. hard the shots he saw Lam Tsai come out of the lane, followed by Tung Chung, They went
Sergeant E. O'Sullivan stated that he made dowa Aberdeen Street, Pisoner followed them. the arrest acting on the information of Wong Ta Fak wont last They all went down to the hing. He did not know how Wong Shing Praya, walking quickly. Witness followed them, came to be in communication with the police. Three of the four went off in a sampan. He did When the prisoner was put in Victoria GA ho ot know what became of the fourth. From the had seen none of the wita sses but Wong time of the shooting until he saw the prisoner Shing. Some days later pri ouer was parded in the gaol he had not seen him.
among 13 others for identification und was iden. Cross-examined →He harl beau making tified by Kong Ngau Ying. Some time later his living by selling dish for three months, there was another identification. The witnesses Before that he was a brothel-keep r for Chan Wau and Tam Chung identified him between ten and twenty years. He was forty-separately; Chan Chung also identified him. four years old. He did not give information to This closed the evidence for the proszontion. the Hongkong police about the plot to murder Mr. Morgan Phillips said he did not propose Yeang Kue Wan bacause he was afraid of the to call any witnesses for the defence. Chinese Goverumeut. He saw the men going ceeding to address the jury be said that into Yeang Kne Wan's hou e to shoot him, but within his experience he had never in a murder be had no time then to report the matter to the trial beard evidence which was so weak, so false police He did not know either whether the and perjured. It hd been conclusively proved men were actually going to carry out the plan. that the actual rourderer was Chan Laoi Tsai; The reason why he did not give any informa- the jary might come tion to the police after the shooting was that at that the accused
to the conclusion that time the police were relieving each other.
was somewbere near the scene of that wurder The first information he gave to the police in they had the evidence of Chan Lam Tsai'e and if they did connection with the matter was when a sergeant brother that prisoner ran away when the shots came and asked him to identify the prisoner.
Woug Shing, fisherman, stated that before the real instigator. The real instigators, the It had been proved that he was not the murder he met the prisoner, who asked people who encompassed the death of Yeung in to assist him in shooting Kongg Kua KueWan, were the viceroy of the two provinces, He refused. Prisoner then asked for Tak; Li Ka Chuk, the military commandant the use of witness's boat for the purpose of Canton, and his two lientenants. He did'not kidnapping the deceased. Witness refused, know whether any diplomatic stops had been t his partner A Sum promised. At that time taken to panish any of these people, but these was mentioned that there would be a reward 10₫ 35,000 if Young Kne Wan was killed and
were the persons who were guilty of the murder $10,000 if he was captured alive, the reward
of Young Kue Wan-not this wretched enolie who was before the jury now, to coms from Li Ks Cank of the Chines Government. Their boat esine across to this de on the morning following the day upon which the conversation took place. Oa the next hy he saw the prisoner looking at the boat. Two nights later he saw him again
Prismer game off in a sampau. On tint occasion he alled for A Sim to let him have a bin tle of clothing that be had left on board the boat, Pri- soner said, "We have killed Young Kae Wan
do not need your boat; you can go and secure business." He paid no money, saying that be had none. Prisoner then went away in the same sampan; he appeared to be frightened. Teu or twenty days liter no saw prisoner at Cauton.
He along with his fokis was walking to the th are in Hocam when he met him Prisoner said he had not yet got his reward from Li Ka Chak and could not pay him. Witness saw prisoner at Yanuali last year on board a juak. Last month he saw prisoner again and gave information to the policy which led to his arrest.
The Court adjourned at a quarter-past one a'clock for an hour.
|
were fired
had been found guilty of the murder of this mau is Lordship addressing the prisoner said he Yeung Kus Wan. It when he said that he did by his hand that this man met his death then not commit the murder he meant that it was not his statement was true. The charge against him was not that he himself did the deceased to who went to his house for the purpose of killing death but that he was one of a gang of four mon him and did kill him. The evidenco was that others wout to deceased's house, that he re the prisoner with Chap Lam Taat and two nained with another man outside to watel, ibat Lam Tsai and another man went into the house, and that Lam Teai shot the deceased. The evidence also was that for some consider- able time previous to this he had been end-avour- ing to gel persons to assist him to either cap- ture and take back to Canton this man who was killed, or, being unable to effect his capture, to assist him in killing the man. The part he took therefore was well considered and deliberate, and in law he was regarded by the sets that he performed as a principal equally with Chau Lam Tssi. By the law of this country every person who was a principal in cansing the unlawful death of another was guilty of penalty imposed by the law of this country upon murder if he was acting in concert. persons who committed wilful and deliberate murder was death, and prisoner had been fount guilty of murder. It was his Lordship's duty him. now to pronounce the sentence of death upon The sentence of the Court therefore was that he be taken from hence to the place from hereafter fixed to the place of execution, and whence he came and from thence on a day to be that there he be hanged by the neck until he be such a place as the Governor may direct, and dead, and that thereafter his body he buried in may the Lord have mercy on his soul.
The Acting Attorney-General in addressing the jury said his friend on the other side had police of the plot to murder Yeung Kus Wan, asked every witness why he did not tell the and each one bad answered that he was afraid of the Chinese Government. And were they not police? he asked. This case was an answer in safe nuder the protection of the Hongkong itself. Yeung Kue Wan was not safe under the protection of the Hongkong police. It the witnesses who had given evidenen were safe: was questionable whether even no the lives of it was a matter which it was better perhaps not to go into. been collected piecemeal by the police it was Considering that the evidence had remarkable how the stories of the various witnesses fitted into each other. Then it witnesses. Supposing him innocent, surely he wus noteworthy that the prisoner bad called no could bave produced evidence to moet some of the many statements of the prosecution. For example, if the official rank was conferred on him for some proper reason he could prove it. I and if it was at conferred on him at all he could Chau Chung, fisherman, Yanwati, said he had then reviewed the points which had been
prove that,
The Acting Attorney-General knowu the prisoner for several years. the fist raised for the defence. met him on the marriage baktere.
The prisoner's or Pust wasganisation of and participation in this las on or about 1st November, 19.0. Prisoner
tardly murder for the most sordid of motives, i sked him to go on shore with him to drink tea and smoke opium
mere money le be gained, had been proveð in the opium divan prisoner said Young Kae Was
es muciasively as it could ever practically arief rebel and ine
was the
be having regard to the c rennstades which Chiuos Government necessarily enveloped such crime. had offered a reward of between $10,000 and 10.00 for his capture; would witness assist kim Witness refused, saying he had not the courage. Prisoner said he did not need to be afraid, as he would get a reward and the Chinese Government would The reward was
protect him, Chak. Prisoner said
come from Li Ka Yeang Kus Wan red in Hongkong. Witness saw the prisoner da on 28th Decmber, 1909. On that on prisoner poke about the murder of ag Kno Wan and asked witness to assist Witness refused: Prisoner repeated that he would be under the protection of the Chinese Government.
Ha lent prisoner a dar and exchanged his new shoes for pri- www's old ones. Ife uext met prisoner in ton about 19th January and accompanied on board the Kin Yu. While they were
to
tie s hy the defence of the evidence for the His Lardship in summing up sail the eri- Crown was based on this-that if it had been police or ought to have gone to the police and true the witnesses would have gone to the so saved the man Yeung Kue Wan. It was for the jury to say whether or no their silence the value of their testimony. was sufficient in their opiniou to destroy the law, if two men combined to murder a third and together went to the house, and one went into the house with his revolver and shot the man while the other remained outside to keep watch they were both guilty of murder. No jury would be justified in accepting it 29 witnesses had been called for the defence. The
As regards
The
ha exclained. It is a false accusation."
As the prisoner was remured from the dock
The Acting Attorney-General said he wished to draw bis Lordship's attention specially to charge of this case from the beginning and bad the services of Sargeant O'Sullivan who had had collected all the evidence in the case.
His Lordship asked what form his notice could take.
his Lordship might commend him. If he saw The Acting Attorney-General replied that fit to commend Sergeant O'Sullivan's conduct in the case any commendation coming from the Bench would probably be given effect lo. before him to show any special acts on the part His Lordship said that nothing had come
Acting Attorney-General that the Sergeant's of the police. But he took it from the
mendation and he commended him accordingly. conduct was such as deserved worthy com..
The Court adjourned.
burned to death while worshipping in a temple. At Pingto over 150 people were recently In burning incense and large quantities of paper, the staircase of the building was set alight, thus preventing all escape. Some jumped out of the windows but were crushed to death on the stonos.
to call witnesses to prove that he was net great that they could not get out. Most of fact that he would not have been able Others would have jumped but the rush was so
in Hougkong at the time witnesses said the victims were burned beyond recognition.