# REGINA v. LOGAN.
not only the obligation rests upon us which rests upon every one else connected with the administration of justice to see that justice done, but we are here to fulfil a national obligation. We as a nation have entered into an obligation with the Chinese that when an offence is committed by one of our nation against the Chinese, that offender shall be tried according to the laws of England. The Crown does not require it, and no circumstances will justify you in swerving in the slightest degree from administering justice. If you are in danger of yielding to a generous impulse, and making concession to external influences, you must disabuse your minds of anything of that kind. You are to treat the prisoner exactly as if he were in England, and as if the deceased were not a Chinaman but an Englishman. So much we have bound ourselves to do: the death of a Chinaman is the same as the death of an Englishman, and you by your oaths have bound yourselves to deal with it as such, one way or another. There then only remains for me to deal with the question of a doubt. If you have a reasonable doubt, such as would operate upon your minds, such as would lead you to act in a particular way in some of your own most important concerns, then you can give the prisoner the benefit of it. But you are not to look out for peculiar possibilities, or to look out for anything which may possibly have happened, unless there is a probability as well as a possibility there is no doubt in the case. The doubt must be a reasonable one, and no other doubt can operate.
It may be taken into consideration when the question is whether he intended to do what he did, but when a man commits murder with a deadly weapon that excuse will scarcely avail him. For such a defence to avail, a man must be not only under the influence of liquor, but in a state in which he is no longer master of himself at all, and this amounts to a condition of temporary insanity. Now, gentlemen, if the circumstances of the case are shown you as I believe they will be; if the prisoner was excited, the excitement did not amount to such an excitement as to render him unaccountable for his actions. It did not render him unaccountable for using a deadly weapon. I think you will find he was in such a state as to know that by firing the gun into a crowd he was likely to wound someone. Seeing that he had already wounded a woman he could see that his act was such as would be likely to cause death.
Subject to any correction of his Lordship, that no words, however opprobrious they might be, and nothing that the deceased might have said, nor the people around him, will be sufficient to reduce the crime from murder to manslaughter. The law is that no provocation is sufficient to so reduce the crime if the killing be inflicted with a deadly weapon, and the intention be to do some grievous bodily harm. In this case there is no provocation shown which will thus reduce the crime if the facts are as I have stated. The prisoner did not stand on the defensive at all, he chased the people first in one direction and then in another, and therefore any excuse he making that his life was in danger will not avail him in this case. It is the duty of any man, when his life is in danger, to save it if he can by any means. The prisoner, however, was not on the defensive, for he chased the people, running first one way and then another—he had already wounded a woman, and then he goes deliberately in another direction and chases the people.
The following evidence was then taken—
Mr. J. Dyer Ball, of the Hongkong Supreme Court, was sworn in as Chinese interpreter.
Pak Akun was then called by the prosecution, and having been declared in the Chinese manner by the ceremony of burning his own name, said—I have a boat for removing rubbish, and I live at a village called Shek Tong, which is some forty Chinese li from Hongkong. I remember the 12th August last; early on the morning of that day my boat was anchored at the Put Yau Temple, where I was scavenging. I and my son Pak Wa Kung were in the boat. My son was 12 years old, and he was also a scavenger. I was scavenging, and my son went to the chief street in Nam Ngon to buy salt fish. This street is in Honam, at Chan Tau Tsui. I did not see my son alive again after he went to buy the fish. He went at six o'clock, and I heard that he was killed at half-past six. I saw my son's body at ten o'clock; he was dead. I saw by the wounds on his body that he had been struck on his back, and the substance which inflicted the wound had passed through the body and out at the stomach.
Witness—There were some men who put up their hands, and they called out something.
What happened then?—The Chinese then came running past my house, and the foreigners pursued them. I saw that myself, and I then saw that one of the foreigners had a firearm in his hand, and I quickly went in and shut the door. The foreigners passed my shop pursuing the men, going westward. I then went upstairs to look out of the window. I saw the three foreigners returning towards the east, and I saw that one of them had a firearm, and one had a leather bag. The firearm was a six-chambered revolver about six inches long.
In answer to a further question from Mr. Wilkinson, the witness said he was by his son's body up till the time of the inquest, crying and watching.
Cross-examined by Mr. Wise—The deceased's name was Pak Wa Kung; he was my own born son, and not my nephew.
Was there anyone following the men back?—There was a Chinswoman following them who had been shot.
Why do you say she had been shot?—She had blood on her shoulder, and was pointing to it.
Wong Shan Shan, similarly sworn, examined by Mr. Francis, said—I am the master of the Ti Kai shop, and am a Chinese subject. The shop is at Nam Ngon Chan Tak Tsai, which is not the general name of the place. I was not acquainted with the prisoner, but I have seen him before; his house is a few doors from mine on the same side of the street. I remember the 12th August; about half past six that morning I was sitting in my shop, in such a position near the door that I could see into the street. I saw three foreigners pass the house; my dog was inside; they were walking together and were not doing anything. I saw one of them had a stick in his hand, a thick one with thorns on it. (Witness represented a diameter of about an inch and a half for the stick with his hand.)
Had that man anything in his hands in the street that morning?—He was walking along and I was sitting in the shop, and I could not say.
You say that one man was carrying a revolver, and you cannot say whether that was the man?—The man carrying the stick was a tall man; it was the prisoner who had the revolver, and he was a stout man who had the leather bag. The prisoner was not the man I saw with the stick; he is not the tall man; I do not know the tall man's name, nor where he lives.
The Court Constable here produced a revolver, which being loaded, he was instructed to take it out, and remove the cartridges.
Mr. Francis to witness—Where did the woman follow the foreigners to?
Witness—She followed them to Logan's door.
Mr. Francis—Look round the court and see if there are any of those three men here.
Witness—One is here (pointing out the prisoner in the dock).
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B
REGINA v. LOGAN.
not only the obligation rests upon us which rests upon every one else connected with th administration of justice to see that justice done, but we are here to fulfil a national We as a nation have entered
subject to any correction of his Lordship, that no words, however opprobrious they might be,and nothing that the deceased wight have said, uur the people around him, will be sufficient to roduce the crime from murder to manslaughter. The obligation. law is that no provocation is sufficient to so re-into an obligation with the Chinese that duce the crime if the killing be inflicted with a when an offence is committed by one of our deadly weapon, and the intention be to do some nation against the Chinese, that offender shall grievous bodily harm. In this case there is no be tried according to the laws of England. The provocation shown which will thus reduce the Crown does not require it, and no circumstances arime if the facts are as I have stated. The will justify you in swerving in the slightest de- prisoner did not stand on the defensive at all, gree from administering justice. If you are in he chased the people first in one direction and danger of yielding to a generous impulse, and then in another, and therefore any excuse he making concession to external influences, you may use that his life was in dauger will not must disabuse your minds of anything of that avail him in this case. It is the duty of any kind. You are to treat the prisoner exactly as mau, when his life is in danger, to save it if he if he were in England, and as if the deceased can by any means. The prisoner, however, was were not a Chinaman but an Englishman. So not on the defonsive, for he chased the people, mach we have bound ourselves to do: the ruuning first one way and then another-he death of a Chinaman is the same as the death had already wounded wman, aud then of an Englishman, and you by your oaths he goes deliberately in another direction and have bound yourselves to deal with it as such, chuses the people. There is some indication in His nationality should make no difference one the evidence that the prisoner had taken some way or another. There then only remains for drink, but it does not appear to have been mach, me to deal with the question of a doubt. If you and, gentlemen, you have probably heard, and have a reasonable doubt, such as would operate his Lordship will tell you, that drunkenness upon your minds, such as would lead you to act
no possible excuse for crime.
It may
in a particular way in some of your own most sometimes be taken into consideration when the important concerns, then you can give the pri question is whether he intended to do what he soner the benefit of it. But you are not to look did, but when a man commits marder with a out for peculiar possibilities, or to look ont for deadly weapon that exonse will scarcely avail hire, anything which may possibly have happened, For such a defence to avail, n man must be not Unless there is a probability as well as a possibi- only under the influence of liquor, but in a state lity there is no doubt in the case. The doubt, in which he is no longer master of himself at all, must be a reasonable one, and no other doubt and this amounts to a condition of temporary in can operato. sauity. Now, gentlemen, if the circumstances of the osse are shown yon as I believe they will be; if the prisoner was excited, the excitement did not amount to such an excitement as to render him uaccountable for his actions. It did not render him unascountable for using a deadly weapon. I think you will find he was in such a state as to know that by firing the gun into a crowd he was likely to wound someone. Seeing that he had already wounded a woman he could see that his act was such as would be likely to cause death. I do not think it is necessary for me to go further into the law of the oase than this, but I would like to say it would be well to ignors some of the circumstances which have recently taken place here. You are bound to give the prisoner a fair trial, exactly the same as if those recent circum- stances bad not taken place, and he is to receive the same consideration that he would receive from you if he and you were in England. All these circumstances should not affect your mind one way or another. But these circumstances suggest another consideration, and that is that
The following evidence was then taken- Mr. J. Dyer Ball, of the Hongkong Supreme Court, was sworn in as Chinese interpreter.
Pak Akun was then called by the prosecution, and baving been declared in the Chinese ma ner by the ceremony of burning his own name, said I have a boat for removing rubbish, and I live at a village called Shek Tong, which is some forty Chinese li from flooam. I remember the 12th August last; early on the morning of that day my best was anchored at the Put Yau Temple, where I was scavenging. I and my son Pak Wa Kung were in the boat. My son was 12 years old, and he was also a scavenger. I was scavenging, and my son went to the chief street in Nam Ngon to buy salt fish. This street is in Honam, at Chan Tau Tsui. I did not see my son alive again after he went to buy the fish, He went at six o'clock, and I heard that he was killed at half-past six. I saw my son's body at ten o'clock; he was dead. I saw by the wounda on his body that he had been struck on his back, and the substance which inflicted the wound had passed through the body and out at the stomach.
REGINA v. LOGAN.
The wound appeared to have been caused by a Witness-There were some mon who put up hall, and appeared about the diameter of my their hands, and they called out something.
umb. I cannot now remember the exact spots What happened then P-The Chinese then in which the wounds were. I was crying at the came running past my house, and the foreignors time, and I went to get something to cover up parseed them. I saw that myself, and I then the body. On the evening of the 12th there saw that one of the foreigners had a firearm in was an inquest on the body by the Pan Uhis hand, and I quickly went in and shut the officials, and the body was put aside and door. The foreigners passed my shop pursuing is still at a place called Woo Lang the men, going westward. I then went upstairs Koug, at the back of the Temple near where to look out of the window. I saw the thres ha was killed. I first saw my son's body foreigners returning towards the east, and I saw at the door of the coppersmith's shop, in the that one of them had a firearm, and one had a principal street of Nam Ngon. You can go by leather bag. The firearm was a six-chambered that street to the river side. That is all I bave revolver about six inches long. to say, and I beg of you to redresa my wrong.
In answer to a further question from Mr. Wilkinson, the witness said be was by his son's body up till the time of the inquest, crying und watching.
Cross-examined by Mr. Wise-Thə deccasod's name was Puk Wa Kung; he was my own born son, and not my nephew.
Was thore anyone following the mon back ?- There was a Chinswoman following them who had been shot.
Why do you say she had been shot P-She had blood on her shoulder, and was pointing to it.
Was there any crowd of Chinese following al- so P-Not at that time; they were afraid. The woman following them was making a noise to them. I could not see where they went to.
Wong Shan Shan, similarly sworn, examined by Mr. Francis, said—I am the master of the The Court Constable here produced a revolver, Ti Kai shop, and am a Chinese subject. The which being loaded, be was instructed to take it shop is at Nam Ngon Chan Tak Tsai, which is not, and remove the cartridges. the general rame of the place. I was not acquaint- Mr. Francis to witness-Where did ed with the prisoner, but I have seen him bufore; woman follow the foreigners to P
the
Mr. Francis-Look round the court and see if there are any of those three men here.
Witness-One is here (pointing out the pri soner in the dock).
his house is a few doors from mine on the same: Witness-She followed them to Logan's door. side of the street. I remember the 12th August; I heard the woman say-Taipan, you have hit about half past six that morning I was sitting me, and you must provide me with medicine to in my shop, in such a position near the door beal wy wound." "I did not see the disturbance that I could see into the street. I saw three after that; they then walked off towards the east foreigners pass the house; my dog was in- to the bridge. side; they were walking together and were not doing anything. I saw one of them had a atick in his hand, a thick one with thorus on it. (Witness represented a diameter of about au inch and a half for the stick with his hand.) I Had that man anything in bis hands in the went to the door and looked after thera. Logan's street that morning 7-He was walking along house is to the East of my honse, and the and I was sitting in the shop, and I could not foreigner came from the West and were going say. to the East. When they got past my door to tuo You say that one man was carrying a revolver, door of the house of one of the three men, the and you cannot say whether that was the man? foreigner, with the stick struck some Chinese The man carrying the stick was a tall man; with it, and they made a disturbance. The it was the prisoner who had the revolver, prisoner's house stands back from the line of the and i was a stont man who had the leather other buildings, so I could not see it, but I could see bag. The prisoner was not the man I saw they were standing outside it. The natives who with the stick; ho is not the tall man; I do not were struck by the foreigner were waiting there know the tall man's name, nor where he lives. to work at tes; a number of coolies being waiting The prisoner was not the man with the leather there for that purpose is the usual way, as there bag; he carried the revolver, and he pursued the are every morning. I stood at the door and saw people. the foreignor strike the Chinamen with the stick with my own eyes. I did not see the Chinese do anything to hilo to cause him to strike them, The coolies were squatting down, and there was a disturbance after the blows were struck.
Mr. Francis-What do you mean by a dis- turbance ?
Did you hear any sounds of firing P-No, I was too far away.
Cross-examined by Mr. Wise-The prisoner's house is about 70 or 80 Chinoso feet from my house, and is recossed a bit so that I cannot see it from my house, but standing out from it I cao. I did not know the prisoner, but I had
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