Daily Press 19th July 1894.
THE POLICE SCANDAL.
INSPECTOR WITCHELL BEFORE THE MAGISTRATE.
At the Police Court on Saturday, before Hon. H. E. Wodehouse, C.M.G., Jub Witchell, Inspector in the Hongkong Police Force, was placed in the dock by Inspector Duncan on charges arising out of the police scandal.
Mr. J. J. Francis, Q.C., appeared to prosecute on behalf of the Attorney-General, being instructed by Mr. H. L. Dennys (Crown Solicitor). The defendant was not represented by counsel.
The proceedings were opened in the following manner.
His Worship-Mr. Francis, have you any case?
Mr. Francis-Yes, sir. It is a charge, I am sorry to say, against Inspector Witchell for neglecting his duty as a police constable and accepting bribes.
His Worship-Do you appear to prosecute?
Mr. Francis-I appear here for the Attorney-General and am instructed by the Crown Solicitor.
His Worship-Do you wish me to hear the charge at once?
Mr. Francis-I shall be very glad if you can hear it at once.
His Worship (to the Captain Superintendent of Police, who was sitting at the table next to Mr. Francis)-Mr. May, I see you here. Are you watching the case?
Mr. May-I am watching the case.
His Worship-Will you take a seat up here?
Mr. Francis-I think it will be better for the present if he does not.
His Worship-Very well, then,
Mr. Francis, in opening the case, said--The charges in this case are laid against Mr. Witchell. They are:----
(1) That he, being an Inspector of Police in and for the colony of Hongkong, did, at Victoria, in the said colony, on the 7th March, 1894, and on divers dates thereafter, unlawfully and in breach of his duty as such Inspector as aforesaid, neglect to report to the Captain Superintendent of Police the existence of unlawful gambling houses in Wa Lane, and Cheung Hing Lane, Victoria, aforesaid.
(2) That he, being an Inspector of Police in and for the colony of Hongkong, did at Victoria in the said colony, on the 11th March, 1894, and on divers days thereafter unlawfully, wilfully, and corruptly accept divers sums of money from the keepers or managers of sundry unlawful gambling houses in Victoria aforesaid to refrain from reporting to the Captain Superintendent of Police the existence of such gambling houses and to protect the said gambling houses.
Both the offences are offences at common law and not under any Ordinance or any Act of Parliament. In respect of the first offence I would refer your Worship to "Archbold's Criminal Pleadings," page 892 of the 19th edition, from which it appears that any neglect of duty by an officer of justice is a misdemeanour and punishable as such. With reference to the second charge I would refer your Worship to "Russell on Crimes," 16th chapter, where the offence of bribery is fully defined. The facts in the case are very simple. First, there will be no difficulty in proving that the Inspector is a constable enrolled under the provisions of the Hongkong Police Ordinance, that he holds the position of Inspector of Police, and that it is a general duty imposed on all constables by the Police rules and regulations, published with the authority of the Government under the Ordinance, that constables are to report if they have reason to suspect the existence of public gaming houses. Now the case, so far as it is known to the Crown, amounts to this: The colony is divided for certain purposes, especially in connection with this gambling business, into a certain number of sections. A special officer is in charge of each section with the special duty of restraining and putting down all public gambling within that section. Now it would appear that gambling was going on in the section Queen's Road and Jervois Street, over which Inspector Witchell was presiding at the early part of the year. Certain complaints were forwarded to the Captain Superintendent of Police and attention was directed to this street with the result that certain active measures were taken and gambling was put an end to for the time being in respect to this district. It would appear also that, before these gambling houses in this district were put down, Inspector Witchell had been deriving a considerable profit--something in the shape of $7 a day--from the gambling houses within his district and that when the gambling houses were closed he lost this income. He then took steps, knowing the existence of gambling in some neighbouring district for which he was not responsible, and suffering apparently from this loss of income, to send communications to the owners or managers of gambling houses in the adjoining district saying that he was aware of the existence of these gambling houses and although they were not in his district he could take effective steps to have these gambling houses closed, and asking them if they could not make him certain allowances or payments. As the result a payment was made to him for a period of three months of at least $1 a day, or $30 a month. I think we shall be able to prove that the payment was continued for three months, if not for a longer period. Therefore, the first offence with which he is charged is that it having come to his knowledge that gambling was going on anywhere in Hongkong, whether in his district or not, he failed to report it; secondly, that he accepted money from the keepers or managers of the gambling houses and failed to take steps to put down the houses as his duty required of him.
Defendant (pointing to a man in court who was in the custody of Acting Chief Inspector Mackie)-I beg to draw your Worship's attention to that witness who, I presume, is going to give evidence against me. He was sitting in court during the whole time the learned counsel was making a statement and has heard every word.
His Worship-Is he a witness?
Mr. Francis-Yes.
Defendant-He was removed from gaol under somebody's direction in charge of Inspector Mackie.
His Worship was understood to say that if the man was a witness he ought not to have been in court.
The man was thereupon removed from the court.
Evidence was then called.
Hon. Francis Henry May said-I am Captain Superintendent of Police. The defendant is duly enrolled as a member of the Hongkong Police Force. He has been an Inspector of Police for the last two years. He has had charge of what is known as No. 1 section of the Central District. The section extends from the Central Market to the Kowshing Theatre and all the section of the town between Queen's Road and the Praya within those limits. His special duties in that section were to suppress illegal gambling. I produce a copy of the Police regulations. Rule 73 reads-"Constables are to report if they have reason to suspect the existence of a public gaming house, but they are on no account themselves to go in nor suffer anyone else in for the purpose of obtaining proof." That rule is in force and binding now. There is a lane called Kwai Wa Lane in No. 1 section. At the end of last year, I returned from leave on the 7th October, and between that date and the end of November I received a large number of communications complaining of gambling in Kwai Wa Lane. None of those communications were received by me from the defendant.
Defendant here asked Counsel to repeat his last question, which was done.
Witness-I should like to alter that statement, I think the Inspector did apply for one or two warrants. I would not be sure if the information of the gambling was supplied to him by me. I rather think it was.
Mr. Francis-His application for these warrants was after you received the communications and after you had complained to him?
Witness-I would not swear to that, but I am positive that after my return to the colony the first intimation I had of the existence of gambling in Kwai Wa Lane was received from other sources than the Inspector. I issued four warrants in all.
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Daily Press 194 July 1894.
THE POLICE SCANDAL.
INSPECTOR WITCHELL BEFORE THE
MAGISTRATË,
At the Police Court on Saturday, before Hon. H. E. Wodehouse, C.M.G., Jub Witchell, Inspector in the Hongkong Police Force, was placed in the dock by Inspector Duncau ou charges arising out of the police scandal.
Mr. J. J. Francie, Q.C., appeared to pro- secute on behalf of the Attorney-General, being instructed by Mr. H. L. Dennys (Crown Solicitor). The defendant was not represented by counsel.
The proceedings were opened in the following
manner.
His Worship-Mr. Francis, have you any case P
Mr. Francis-Yes, sir. It is a charge, I am sorry to say, against Inspector Witchell for neglecting his duty as a police constable and accepting bribes.
His Worship-Do you appear to prosecute? Mr. Francis-1 appear here for the Attorney- General and am lästructed by the Crown Solicitor.
His Worship-Do you wish me to hear the charge at once!
Mr. Francis-I shall be very glad if you can hear it at once.
His Worship (to the Captain Superintendent of Police, who was sitting at the table next to Mr. Francis)-Mr. May, I see you here. Are you watching the case F
Mr. May I am watching the case.
His Worship-Will you take a seat up here? Mr. Francis-I think it will be better for the present if he does not.
His Worship--Very well, then,
Mr. Francis, in opening the case, said--The charges in this case are laid against Mr. Wit- chell. They are:----
(1) That be, boing an Inspector of Police in and for the colony of Hongkong, did, at Victoria, in the said colony, on the 7th March, 1897, and on divers dates thereafter, unlawfully and in breach of his duty as such Inspector as afore. said, noglect to report to the Captain Superiu. tendent of Police the existence of unlawful gambling houses in Wa Lane, and Cheung Hing Lane, Victoria, aforesaid.
(2) That he, boing an Inspector of Police in and for the colony of Hongkong, did at Victoria in the said colony, on the 11th March, 1897, and on divers days thereafter unlawfully, wil- fully, and corruptly accept divers sums of money from the keepers or managers of sundry unlaw- ful gambling houses in Victoria aforesaid to refrain from reporting to the Captain Super- intendent of Police the existence of such gam- gling houses and to protect the said gambling houses.
Both the offences are (offences at common law and not under any Ordinance or any Act of Parliament. In respect of the first offence I would refer your Worship to "Archbold's Cri- minal Pleadings," page 892 of the 19th edition, from which it appears that any neglect of duty by an officer of justice is a misdemeanour and punish- able as such. With reference to the second charge I would refer your Worship to "Russell on Crimes," 16th chapter, where the offence of bri- bery is fully defined. The facts in the case are very simple. First, there will be no difficulty in proving that the Inspector is a constable en- rolled under the provisions of the Hongkong Police Ordinance, that he holds the position of Inspector of Police, and that it is a general duty imposed on all constables by the Police rules and regulations, published with the authority of the Government under the Ordinance, that coustables are to report if they have reason to suspect the existence of public gaming houses. Now the case, so far as it is known to the Crown, amonuts to this: The colony is divided for certain purposes, especially in connection with this gambling business, into a certain number of sectious. A special officer is in charge of each section with the special duty of restrain- ing and putting down all public gambling within that section. Now it would appear that gambling was going on in the section Queen's Road and Jervois Street, over which Inspector Witchell was presiding at the
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early part of the year. Certain complaints were forwarded to the Captain Superintendent of Police and attention was directed to this stret with the result that certain active meUSULBĄ !— were taken and gambling was put an end to for the time being in respect to this district t would appear also that, before these gambling houses in this district were put down, Inspector Witchell had been deriving a considerable profit! --something in the shape of $7 a day-from the gambling houses within his district and that when the gambling houses were closed he lost this income. He then took steps, knowing the existence of gambling in some neighbouring district for which he was not responsible, and suffering apparently from this loss of income, to send communications to the owners or managers of gambling houses in the adjoining district saying that he was aware of the exist- ence of these gambling houses and although they wore not in his district he could take effective steps to have these gambling houses closed, and asking them if they could not make him certain allowances or payments. As the result a payment was made to him for a period of three months of at least $1 a day, or $30 & month. I think we shall be able to prove that the payment was continued for three months, if not for a longer period. Therefore, the first offenue with which he is charged is that it having come to his knowledge that gambling was going on anywhore in Hongkong, whether in his district or not, he failed to report it; secondly, that he accepted money from the keepers or managers of the gambling houses and failed to take steps to put down the houses as his duty roquired of him.
Defendant (pointing to a man in court who was in the custody of Acting Chief Inspector Mackie)-I beg to draw your Worship's atten tion to that witness who, I presume, is going to give evidence against me. He was sitting in court during the whole time the learned counsel was making a statement and has heard every word.
His Worship Is he a witness? Mr. Fraucis-Yes.
Defendant-He was removed from gaol under somebody's direction in charge of Inspector Mackie.
His Worship was understood to say that if the man was a witness he ought not to have beon in court.
The man was thereupon removed from the court.
Evidence was then called.
Hon. Francis Henry May said-I am Captain Superintendent of Police. The defendant is duly enrolled as a member of the Hongkong Police Force. He has been an Inspector of Police for the last two years. He has had charge of what is known as No. 1 section of the Ceutral District. The section extends from the Central Market to the Kowshing Theatre and all the section of the town between Queen's Road and the Praya within those limits. His special duties in that section were to suppress illegal gambling. I produce a copy of the Police regulations. Rule 73 reads-" Constables are to raport if they have reason to suspect the existence of a public gaming house, but they are on no account themselves to go in nor suffer anyone else in for the purpose of obtaining proof." That rule is in force and binding now. There is a lano called Kwai Wa Lane in No. 1 section. At the end of last year, I returned from leave on the 7th October, and between that date and the end of November I received a large number of communications complaining of gambling in Kwai Wa Lane. None of those communications were received by me from the defendant.
Defendant here asked Conasel to repeat his last question, which was done.
Witness-I should like to alter that statement, I think the Inspector did apply for one or two warrants. I would not be sure if the informa- tion of the gambling was supplied to him by me. I rather think it was.
Mr. Francis-His application for these war- rants was after you received the communications and after you had complained to him!
Witness-I would not swear to that, but I am positive that after my return to the colony the first intimation I had of the existence of gambling in Kwai Wa Lane was received from other sources than the Inspector. I issued four warrants in all.
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