CO129-212 - Governor Sir Bowen - 1883 [10-11] — Page 28

دولتم

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REGINA v. LOGAN,

Mr. Wise-I want in the first place to put in the depositions that have been read.

lived about twelve years. I have hold office for the Chinese Government, that of Vice-Cousul at San Francisco, where I went about ten years His Lordship-This is the time for me to al. ago, I have known the prisoner by sight for you whether you intend to call any witness, and some time, having often seen him in the street,I wish to know whother you intend doing so. and I know the house he lives in. I Mr. Wise-I shall put in one deposition at also know the Yi Koe shop, I have measured | any rate.

The Court was then adjourned till half past nine o'clock the following morning.

28th September, 1893. His Lordship took his reat upon the bench at 9.40 a.m.

the distance between his house and the shop His Lordship-I suppose you know that if by tape measurement, and the distance is you do so it is in the discretion of the prosecu 84 feet from the east corner of the Yi Koe shoption to sum up on your reply if ho thinks ft. to Mr. Logan's door, English measurement. The Mr. Wise Quite so, I will decide what I Yi Koo hong is to the west of Logan's house. I intend to do by to-morrow morning, know the Yuen Mun Shi tea hong; it is ou the north side of the street opposite the prisoner's and the two adjoining houses. The soboolmaster lives upstairs above the tea shop. I also know the Shun Chu Long tea hong; it is at the corner of the street in which Johnsen's house is. From the east end of the bridge to the west corner of Fuk Hing-street is 44 feet, English moasuro- ment, and from the east corner of Fak Hing- street to the centre of the cross-street, the dia. tance is 82 feet. Since I have come back I have made inquiries about this case, and I have on- deavoured to discover the prisoner's Chinese boy and woman, as I thought they would be good witnesses, but I could not find them. I asked a tes morchant there named Kow Fung Hung to attend the court, but he has not come, and has sont to say his mother is dead. A China- man does not show his face for three weeks and sometimes seven wooks after his mother's death.

Mr. Wise applied that the deposition of Lee Chok Wan, taken at the preliminary examina. tion, should be put in as part of his case.

The Crown Advocate-I do not propose to offer any objection to the application; but there is one application I have to make; that is, that the interpreter may inform me whether the letters in the indictment correctly spell the name of the deceased.

Mr. Ball was then oalled and said-I have not seen the characters representing the deceased's name; as the witnesses pronounce the name it may be correctly spelt, hat the pronunciation was like kang, but that may be a bad pronuncia- of the same word, which is very common. The

I think she died the day before this inquiry was commenced. There is a fanlight over the primore correct way of spelling the name in Eng. soner's door, and none of the glass is broken.lish is king. I cannot say positively whether There is no wire notting over it, but there is some over the window.

it is the correct spelling of the deceased's name

as I have not seen the character.

The Crown Advocato-How did the father of the boy pronounce the name?

Mr. Ball-He prononuced the name kang. And would that be the name by which he would be known to his father and the outside world? Yes.

Cross-examined by Mr. Wise-I was at the house this morning. It is not under repair, and I am soro carpenters and workmen were not engaged in this house three days or so ago. I do not take any more interest in this case than I am obliged to do as an elder in the street. I am obliged to investigate any caso of murder which oneurs in the street. I have not looked-No, but at the same time it may be pure Cad. up witnesses particularly for this case, except- ing to get the evidence together,

Mr. Wise-Have you not smoothed it all off to see that all goes right?

Witness-I do not know what is right or what is wrong, I only got the witnesses together. Have you not taken them to a lawyer's office to see that all got their evidence properly --No. The Crown Advocate-That is the case for the Crown, my Lord.

His Lordship-Are you going to call any wit. nesses for the defence, Mr. Wise.

Mr. Wise-It is rather late now, your Lordship, His Lordship-But I want to know whether you intend to call any.

And that sound is not correctly spelt by king?

tonese if the name is incorrectly spelt.

The Crows Advocate then applied that the spelling of the name of the deceased on the in dictment might he amended to hang instead of king, so as to be in accordance with the pro- nunciation of the name.

The alteration was made throughout the in- diotment.

His Lordship-Are you going to call any witnesses, Mr. Wise P

Mr. Wise-No, my Lord; bat I wish to pat in the depositions of Li Chok Was taken before the Consul.

The deposition was then read by the Clerk of the Court,the material part being the statement

Baw

REGINA. v. LOGAN.

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it one of the foreigners held two revolvers fully; it was not for him (Mr. Wise) to make out in his hands, and be did not see the others have who killed or wounded these persons, but it was anything in their hands. Soon after passing the for the Crown to show that the boy met with his bridge he board the report of firearms; he turned death at the hands of the prisoner. As to the round and looked, and then ran away. He saw woman and the man who were wounded, that was some people running, but no great excitement. not the point, which was whether the evidencs ITe identified the prisoner as the man who was convinced them that the prisoner killed carrying the revolvers; he had seen him before. the boy. Unless the evidenca was such as The witness added, when his deposition was read to convines thom upon that point their var. over to him, that he did not see anyone hurt. dict must be in favour of the prisoner; if they Mr. Wise, after this deposition was read, had any reasonable doubt upon that point he was applied also to have the deposition of Fang Lan entitled to ask them to give the prisoner the Kok, taken before the Consul, put in.

I benefit of it. In his opening speech the Crown The deposition was read, and was to the Advocate had informed them that the prisoner effect that on the 12th August he heard had a stick in his hand with which he struck A woman crying out as if in pain, and some coolies, aud, according to the oase for the

he looking ont

three foreigners in prosecution, that was the commencement of the front of the door of the house nearly opposite whole row; that the prisoner then went into his bis. Oue of the foreigners was holding a pistol a house and brought out a revolver. He then want Chinese foot long and a boy brought cartridges to back to the west with the two other Europeans, him. He loaded the pistol and went to the and chased the people, who ran; he then firal to- bridge, and witness heard the report of a firearmas. wards the west and wounded a woman. Ho (Mr. He heard people say "many people are killed," Wise) would ask the jury to believe that there and he went in to his school. He recognised the was no evidence at all to bear out that part of the prisoner as the man who had the pistol, and he story. Altor this the prosecution alleged the recognisedJohnson as one of the three foreigners. prisoner went back to his house, followed by the Mr. Wise then addressed the jury for the de. woman, and got a larger weapon, and cartridges fence in a speech about two hours and a quarter from his boy, and with a pistol or garbine he in duration. He commenced by bearing testi- then went to the bridge, killed the boy and mony to the temperate way in which the Counsel wounded the man. The Crown Advocate was for the prosecution had opened the case. It was evidently in doubt whether this was done by a for the Crown Advocate to see that justice was pistol or a carbine, but he said it did not rattar done, and it was not for him to press the case which it was so long as the jury were satisfied hardly either for or against the prisoner. The the prisoner killed them with either. It struck Crown Advocate had told them to ignore any him that on the first day the witnesses were ex- events which had happened recently in dealing tremely pliable upon cross-examination, and he with this case, and it was his duty also to say a was able to get several facts from them that had few words on the same subject. He must ask not transpired from the examination-in-chief, them to banish from their thoughts all connection but directly the line of the defence was shown between those unfortunate occurrences and the and it was seen that a distinction was to be made present case against the prisoner. He must hetween a pistol and a carbine then matters were earnestly beg them not to consider those oc- very different. There was then no question bo- currences in dealing with the oase, nor to think tween a revolver and a carbine, but it was then a of any possible consegnenoes that might hap. long firearm which had killed the boy, and there Though was no question of a pistol except with one of the pen on the result of the trial. he bad KU doubt the jury would not witnesses, who showed the length with bis fan, allow themselves to influenced by such con- sad the length stated was found to be only an siderations, it Was nevertheless bis duty lach more than the revolvers in court. That to make this appeal to them. He did not sup. witness had given the length of the weapon in- pose they would consider that because a life had olusive of the stock and barrel, bat upon cross- been lost that they must take the life of another examination of the witnesses on the second day, human being, unless it was clearly proved the they all alleged that they were speaking of the prisoner was guilty of the death. There length of the iron work, and not of the whole must be no question of a scapegoat in the mat- pistol. This was after the line of the defence ter. The case for the prosecntion had been had been shown. The defense had to prove no- conducted by two learned gentlemen of far wider thing, only that the Crown had not made out the experience than bimself, bat for all that he case that the prisoner killed the boy. Mr. Wise thought that the evidence which had been put then called his Lordship's attention to Taylor before them for the Crown had not made out their on Evidence, page 126, of the 1878 edition, which case. It was for them to make out their case stated that one of the most important legal pre.

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