China Mail.
ADOPTED DAUGHTER
AS ACCUSER.
July 20'2831
Slipped Out of House.
The go-between told the girl's mother of what had happened, and the latter went to the accused's house to take the girl to the Police Station. The girl came out of
Serious Charge Against the house, but accused's wife inter-
Married Man.
QUERIES FOR THE JURY.
Before the Puisne Judge (Mr. Lindsell) Chan Ming, alias Ming
Kee, was charged at the Assizes to-day with rape, the complainant being a girl of 14.
The offence
was alleged to have taken place at Tsun Wan on the night of May 19
and 20.
not
On being asked to plead the accused replied: "Certainly guilty. It is a false accusation."
The case for the prosecution was conducted by Mr. T. S. Whyte- Smith, Assistant Crown Solicitor, whilst Mr. A. M. L. Soares structed by Mr. A. E. Hall) was for the defence.
(in-
The following comprised the Jury: Messrs. E. Butler (Foreman), Chan Kwan-yuen, Kwok Tsau, G. W. Arnold, W. F. Ford, E. E. R. Gosamkee, and H. S. Clippingdale.
Mr. Whyte-Smith told the Jury that they were judges of fact only, and although the learned Judge would direct them on law, it might help if he placed five points before the Jury at the outset.
Five Points.
(1) Whether the accused was guilty of rape as defined by law (definition given); (2) Whether there was attempted rape; (3):
Whether or not the girl's evidence of resistance would satisfy them that she did not consent; (4) Whe- ther with or without consent the accused had knowledge of an married girl under the age of 16, which constituted an offence in law; and (5) Whether the accused was guilty of indecent assault.
un-
Mr. Whyte-Smith said that in April the accused acquired the girl from her mother as an adopted daughter, paying $100 for her. The girl went to live at the cused's house on April 14. family comprised the accused, his wife, the complainant, and the wife's seven-year-old daughter. They all slept in one bed.
ac- The
On the night of May 19, after the complainant had gone to bed accused was alleged to have inter- fered with her and she cried, whereupon he desisted and she went to sleep. During the night she woke up and found that her clothes were in disorder. The accused again interfered with her. She called out but the accused seized her by the throat and accused's wife helped to pin the girl down.
On the morning of the 21st, the girl succeeded in slipping out of the house and went to the nõuse
(in
Tsun Wan) of the go-between who had arranged for her sale to the accused.
cepted her. The mother went alone to the Police.
About the same time, the accused also went to the Police, and at the Station counter charges were made, the mother accusing him of a serious offence and he accusing the girl's mother of "flying the white pigeon" (which meant that she was trying to get the girl back after selling her to him for $100).
The girl corroborated the major portion of Mr. Whyte-Smith's statement. Throughout the time she lived at the accused's house, the latter always slept between her and his wife.
Replying to Mr. Soares, the girl agreed that it
five was exactly weeks after her adoption that the offence occurred. She was very surprised because hitherto he had always behaved toward
her as an adopted father.
The case is proceeding.
:
July 22 1831
UNSAVOURY TRIAL
CONCLUDES.
Chinese and Adopted Daughter.
AN ACQUITTAL.
On an indictment of rape of an adopted daughter
Wan at Tsun ¡recently, Chan Ming alias Ming Kee was found not guilty at the July Assizes yesterday.
The Jury retired at 4.10 o'clock and returned at 4.30 o'clock when the foreman announced that they were unanimous in their verdict.
Addressing the Jury on behalf of prisoner, Mr. Soares said that he was overwhelmed with the magnitude of the duty imposed upon him in such a case which was extremely hard to disprove. It was hard for the Crown to prove, and even harder work for defence. There were great inconsistencies in the Crown's case, which had entire- ly and utterly failed. The incon- sistencies lay in points of vital im- portance.
Counsel was prepared to admit that when circumstantial evidence was complete, a case would be proved like a mathematical problem, but, when one link in the chain of circumstantial evidence was miss- ing, the whole would collapse like a pack of cards if not supported. Dr. Thomas had said that it might have been rape, or it might have been other reasons. There was a strong doubt in the matter, and Counsel submitted, the jury must give the benefit of that doubt in prisoner's favour.
Crown's Case.
For the Crown, Mr. Whyte-Smith said that the defence generally was that the rape charge was an after- thought. He urged to the girl's story in preference to the story given by prisoner. He con- tended that a Chinese girl especial- ly prized her virgin state, and, therefore, could the jury believe in this instance, that she gave up her virginity for the mere sake of $100?
Summing up, his Lordship said that the girl's story was not con- vincing, there being a great num- ber of discrepancies and obvious mistakes. The inaccuracies might have been due to the lapse of time or to lack of memory. Her story was uncorroborated except for the medical evidence. One fact was beyond doubt and that was that the girl was no longer a virgin.
His Lordship gave the jury three alternatives to consider, namely, (1) Rape; (2) unlawful carnal knowledge of a girl under 16 years of age, and (3) indecent assault.
As reported above, the jury returned a verdict of not guilty.
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