Hon. Commander Hastings-Defendants ad- mit they are sketches of the Lyemoon forts.
Mr. Deason--Yes, that is a sketch of the As a matter of fact these Lyemoon forts. sketches were taken on board the man of war as she came down the harbour. That I admit at once freely. They were not takon on shore any of them. That one is Lyemoon entering on the left, as you will find.
Sergeant McNab was then called and said- am in charge of Stanley Station. Hon. Commander Hastings--Have you seen the defendants before F
Witness-Yes.
Hon. Commander Hastings-When ? Witness-About 1.15 p.m. on the 15th inst. Hon. Commander Hastings-Where? Witness-At Stanley.
Hon. Commander Hastings-What were they doing?
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horseback and
Witness-They came passed the station.
Hon. Commander Hastings-What had they with them?
Witness-They rode towards the old military ground and came back again, They askod me if they could sit down and have some chow. I askel them to sit down in the station. They had a conlie with them carrying some food. They sat down in the station for about twenty minutes. The second defendant had a map in his pocket. He asked no to show him the direction on the map to Wongmakok. They asked me if they could go there on horseback. I told them they could not as the road was bad. They then went away along Aberdeon Road.
Hon, Commander Hastings-That shows a landable desire for knowledge.
Mr. Deason-It shows a laudable desire for horse-back riding.
I. Commander Hastings-Well, it would not be allowed in Vladivostock or Siberia.
Mr. Deacon-This is not Vladivostock or Siberia; we are enlightened here.
The case for the prosecution was now com- pleted, and for the defence Mr. Deacon said --- What I was going to say at the commencement I place before your Worship now. As you see I in no way question our being there, so if your Worship thinks this is a field work, I'll admit it at once. We were undoubtedly there. The trath about this thing is that these three gentle- men yesterday morning wanted to go for a walk; they wanted to go on shore to stretch their legs, and they took the direction of Kowloon and walked along the new read there towards the docks. Of course your Worship understands I am making this defence strictly instructed by these three gentlemen, and on their words of honour as Russian officers and gentlemen. I do not intend to call the slightost evidence, and 1 am going to put the case exactly as it happened, and if your Worship thinks we have offended, then we have offended, and we shall lave to pay the penalty, whatever it may be. As I was saying, these gentlemen were walling towards the docks. When they got to the village they saw a row going towards the hill. and it struck them that they would go up the hill and admire the view, just as many people have done before, and as I have no doubt your Worship has often done, and as I have done, and as no doubt Captain Hastings has done. They did not see any notice at the foot of the bill; they saw no notice there whatever. They went up till they came to the junction of the rixis already alluded to, and there they saw a notice just on the left. Seeing that they went no farther, and they turned back. They took the road to the right, as to which there is no notice. Then they went along till rounding the field they saw a fort right at the head of them, and of course they knew they had no right to go there. Still wishing to get a good view of the harbour they went up on the hill sido and, with the aid of opera glasses, looked everywhere all round as the witness Khan said. One used the glasses; the other two did not. Then they thought they would like to go back and look at the docks, and they went into the roadway where they met the sentinel to whom they gave their names, &c. These sketches are of course sketches of Hongkong; we admit that at once. I emphati cally say, and say emphatically instructed by these three officers, that the sketches were mado
on
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on board the Russian shup as the was coming into the harbour on the afternoon of the 10th just-just a the Vladimir,Munomach was coming down the harbour. They were not made VA shore, nor is there the slight-
ost evidence to show they wero. The witnesses themselves do not speak to any act whatever of sketching, and they did not sketch.
His Worship-They were there with sketch- ing materials.
Mr. Deacon--I do not say they were not. Sub-section 5 says--
His Worship "With the intention."
Mr. Deacon-Precisely, with the intention; that is the vory thing. Technically I say there is no evidence proved-certainly there is no intention proved, and not one of the witnesses kays that the gentlemen in question were sketch- ing, because they were vot sketching, and there. fore all they could possibly be charged with was an offence against section 3.
His Worship The sketches were in a book, and that they were there for the purpose of sketching is pretty well proved by the fact that they were there with this book which has sketches in it.
Mr. Deacon-I do not see of nacessity that, that is the case. Because they have this book in their possession does not prove they were there with the intention of sketching.
His Worship-Not in itself, but this book has already sketches in it.
those
Mr. Deacon--I am showing how sketches were made on their word as officers and gentlemen. They were made as the ship was coming down the harbour. With regard to the book itself I wish to point out that it is similar to a book which, I am instructed, overy Russian officer carries. Itis a little memorandum book used for all sorts of things-entering calculations perhaps of their doings, and any- thing that strikes them, and also for making sketches as stated; but I submit they may on board their own Russian man-of-war and under their own Russian flag make sketches of any-
thing. It cannot surely be alleged that, when on board the Russian Emperor's cruisers, they must not make sketches asabey go along,
His Worship-No.
Mr, Deacon-I do not raise a technical point in the caso. If you think this was a field work which I very much question, and certainly one of the witnesses said it was not, but I do not take that point. I simply wish to explain how it all happened. Maybe in legal phraseo- logy we were doing wrong, but immediately we saw the fort we turned back and went no further than to simply get a view. That is the whole story of the thing. I present that state- ment on behalf of these gentloinen. As Russian officers they give the Court their word of honour that what I have stated is correct. With these remarks I leave the case entirely in your hands. His Worship-You do not object to both these charges being under the same-
Mr. Deacon-No, sir, I object to nothing whatever. I have told your Worship the facts, and if you think we ought to be punished then wo will pay, but I have told your Worship the true facts of the case.
His Worship-I impose a fine of $50 on each of the defendants.
Hon. Commander Hastings---Can the sketches be handed over to the military authorities?
His Worship Yes.
Mr. Dosco-Can the defendauts have the book back after the sketches have been torm out F
His Worship The book will be forfeited. Mr. Deacon-I presume, sir, these watches and things may be given up now †
His Worship---Yes; you can arrange that with the pollen.
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