CO129-252 - Acting Governor Barker & Governor Sir Robinson & Public Offices - 1891 [12] — Page 31

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

REC

Enclosure

0.0

565

The Daily Press.

HONGKONG, OCTOBER 5TH, 1891.

THE CHARGE AGAINST MR. MASO N.

At the Police Court at Shanghai on the 28th September, before Mr. G. Jamieson. Assistant Jadge, Charles W. Mason was brought up in custody, ou a warrant charging him that he "did on or about the 13th instant have íu his possession or under his control five pounds weight or thereabouts of an explosive substance under such circumstances as to give reasonable enspi- cion that he did not have it in his possession for a lawful object."

Mr. H. S. Wilkinson. Crown Advocate, pro- secuted. Mr. R. E. Bredon, Commissioner of Custora, and Mr. Yi, a deputy appointed by the Viceroy at Nanking, were present in Court during the hearing of the ease.

Upon his Worship taking his seat.

The Crown Advocate said-I have been in- structed by H.M. Minister. throngh H.M. Consul-General. to prosecute in this esse I only received my instructions Fosterday, and therefore I shall not be prepared to go on with the case now; I shall prove Mr. Mason's ar rest and then apply for a remand. The charge is stated in the warrant (which the Crown Ad- vocate then read). This is under the Explosive Substances Act of 1883, saction 4, sub-section 1, as follows:--" Any person who makes or knowingly has in his possession or under his control any explosive substance under such circumstances as give rise to a reasonable sus- picion that he has not made it or does not have it in his possession or under his con- trol for lawful object shall, unless he can show that be made it or bad it in his possession or under his control for a lawful object, be guilty of felony, and on conviction shall be liable to penal servituds for a term not exceeding fourteen years. or to imprisonment for a term not exceeding two years with or without hard labour, and the explosive substance shall be forfeited." I may point out that under sub section 2 it is open to the prisoner himself to be called, sworn, examined and cross-examined as an ordinary witness in the case if he thinks fit, so as to explain the circumstances on ler which he had the explosive in his possession.

The Crown Advocate then called

Thomas Miller Wilson, who said- an a British subject and an inspector of Municipal police. I received the warrant (produced) on the 26th inst. and executed it at 1.15 p.m. when I arrested the prisoner at the Central Hotel na be was coming from the dining room.

The Crown Advocate-Did you state the sub- stangs of the charge against him?

Witness-I showed him the warrant. He read it himself, and said he had een expecting it for some few days.

The Crown Advocata-Are you aware whe- ther witnesses can be produced if there is a re- mand P

Witness-Yes, I bolievo so. The room 00- eunied by the prisoner was not searched, but it was locked up and I have the key in my possession,

The Crown Advocate-1 now apply for a re- mend until Monday next, 5th October.

His Worship (to accused)-You have heard what has been said and what the Crown Adrocate bas applied for. Have you anything to say F

Accused-No. I have nothing to say.

His Worship-You are not represented by counsel P

Accused-No.

flis Worship-Very well, there will be a re- maad.

The Crown Advocate-The inspector has just stated that the prisoner's room is locked up, and that the inspector has the key. I would sng- gest that the polics take possession of the pri soner's effects for safe custody, unless he has anything to say to the contrary.

His Worship (to accused)--Have you any objection to that?

Accused--No, I have no objection. Do you mean the things are to be left in the hotel or taken to the police station ?

His Worship-To some safe place, so that the police will be responsible for them.

Accused-No, I have no objection.

Prisoner was then remanded till Monday, October 5th, at 10 o'clock.-N. C. Daily News. {

30

a

for Your Lordship's information report of the trial of Mason from the local tress.

taken

Enclosure 5th 14th415th October 1891. (Printed)

The last stage of the

trial is not recorded in

the report, but the result

was

that Mason was

sentenced to nine

imprisonment.

>

months

I have the honour to be,

My Lord,

Your Lordship's Most Bedient

Humble Servant,

By Barker

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