Defendant-How long after your arrival in the colony did you receive information about the gambling houses in Wa Lane?
Witness-Immediately after my arrival.
Did that information say how long gambling had been carried on there?--I do not think so.
On what date were those entries made in the book?-They are not dated.
To the best of your knowledge when did gambling cease in Kwai Wa Lane. How long after your arrival in the colony?-Gambling ceased during the remainder of the month of October. Then it began again. To the best of my knowledge and belief it went on until I raided the place.
I am speaking about Kwai Wa Lane-All I can say about Kwai Wa Lane is that after the end of November I received no more complaints about gambling in that lane.
Mr. Francis--I have one question, your Worship. Does Rule 73 apply to the Inspector whom you have put in charge of these different sections for the purpose of suppressing gambling? Have they a right to send a man into a house for the purpose of finding out if gambling is going on?-Yes. The rule does not apply to those Inspectors.
Each Inspector has a complete right to take whatever steps he thinks necessary to suppress gambling in his district. That is so.
His Worship-Has that been the practice in the Police Force?-The prohibition against entering these gambling houses applies to constables only.
That has been the practice?-Yes.
Defendant-That is how you construe the regulation. Will you kindly look at it from a common sense point of view.
His Worship here read the regulation.
Defendant-That rule affects the whole Force, from the Captain Superintendent downwards.
Witness-An Inspector of Police constantly sends an informer into a gambling house to obtain information; otherwise he would not get a conviction.
Is there an order prohibiting Inspectors employing informers or sending constables into these gambling houses, and have there not been prosecutions in which Inspectors have entered these houses and people have been killed and the Inspectors charged with manslaughter at the Supreme Court?-I do not know of any such order prohibiting Inspectors employing informers. With regard to the last part-
His Worship-That is all.
Witness-There is a second question.
His Worship-No, there is no second question. Sign the depositions, please.
Cheng On, who was brought up in the custody of Acting Chief Inspector Mackie, was the next witness. He said:
I am Chinese, an Excise Officer in the employ of the Opium Farm. I have been in that employ thirteen months. Before that, I was a detective in the Hongkong Police Force. I am acquainted with all or nearly all the Inspectors, and as Excise Officer, I was frequently up at the Police Court. I know defendant, Inspector Witchell. He is known as "No. 12" amongst the Chinese. I have paid him money. Sometimes if he was not at home, I paid his wife. From the 14th of March to the 17th of June, I have paid him $12.60 every week, each Monday. I got that money from Tung Kum. I always got this money from Tung Kum, who is the keeper of the Yee Yuon mercer's shop, Hollywood Road.
Before the first payment was made by me to the defendant, on 11th March, he invited me to his room. I went with him and conversed with him in the Inspector's quarters. Mrs. Witchell was present; she was going in and out of the room. I was speaking half in Chinese and half in English. Defendant speaks Chinese. This conversation had reference to the money payments afterwards made.
He said, "In going round on my duty, I saw a lot of people standing at the entrance to Chung Hing Lane and Wa Lane. Then I used my stick to drive them away. Then a Chinese abused me, and said 'No. 12 is proud.' Then I ran after a Chinaman. That Chinaman ran up to the first floor and called me to come upstairs, waving his hand. As I had no warrant, I dared not go upstairs. He wanted to disgrace me.
I went away and a lot of people jeered at me. I do not know who taught the Chinese to treat me in this way. They think I cannot arrest them, but I can arrest them. If I arrest them, Mr. May will be very pleased with it. I have known these gambling houses for a long time. I know that some of my fokis received some money to spend, therefore I do not wish to arrest them. If I go to arrest them, it will spoil the business of my fokis, which is a very foolish act to do. I do not wish to do such an act; I do not know why the Chinese treat me in this way. In my section, I know a house was open for two days, and the people have petitioned to Mr. May."
I asked him, "Who told you all this thing you have told me?" He said, "An old man, Saug Yung, between fifty and sixty years of age." I told him not to have any conversation with that man now; he is not a proper man and he does not know how to speak.
On one occasion, there was gambling going on in Kwai Wa Lane, and defendant said, "I do not know which took Mr. May up to a house in Jervois Street to look into the second floor of a house in Kwai Wa Lane where the gambling was going on. After looking at the place, Mr. May came back to the office and sent someone to call me. Then Mr. May said to me, 'There is gambling in your place.' I replied to Mr. May, 'Sometimes.' Mr. May answered, 'Gambling going on just now.' Then Mr. May said, 'Take out a paper at once to arrest.'"
He told me all this news. Then defendant asked me if I knew the "fat child." I said, "Yes, I know him." He said, "When I go round on my duty, this man follows me and wants to speak to me.
As there were a lot of people in the street, I did not wish to speak to him." Witness asked Inspector Witchell, "How do you know him?" "I know him," he replied, "because he is the master in Chang Hing Street." Then Inspector Witchell said, "I do not know why the man wanted to speak to me. I think he wants to speak to me about gambling in Kwai Wa Lane." I said, "If the man were to offer you anything, don't promise him." He said, "Mr. May has great power, because he had arrested once before." I said, "That place cannot be kept as a gambling house."
Mr. Francis-Tell me what he said about money.
Defendant--Your Worship, will you direct the witness to tell the story in his own way?
Mr. Francis-I am entitled to examine the witness as I like.
His Worship-I think Mr. Francis's question must be put.
Witness (continuing)-The defendant said, "I receive not a cash from this place." Then defendant asked me, "Do you know those gambling people?" I said, "I do." The defendant said, "I have a lot of children and the expenses are large. My money is not sufficient. Will you kindly go and see those persons to get some expenses for me." I said, "I am afraid that the people might refuse because they are not in your section." Defendant said, "If they are in my section, I won't let them keep open. As they belong to another person's section, I am not afraid. As people are eating flesh, I want you to pick up some bone; I shall be obliged if you will ask these persons for me."
I went and saw Tung Kum, and A. Yeun or Sam Yeun. I had a conversation with Inspector Witchell about Sam Yeun. In consequence of that conversation with the Inspector, I told all I had heard to Tung Kum, who told Sam Yeun. I was there when he told Sam Yeun. Sam Yeun replied, "Very little." I said, "How much." He said, "$1 a day."
The Magistrate-Is this evidence, Mr. Francis?
Mr. Francis-Yes, your Worship, I think so. He is the authorised agent of the defendant.
Defendant-I object to that remark; it is nothing but humbug from beginning to end.
Witness (continuing)--I told defendant what sum had been mentioned. Defendant said, "Maskee." I further told him people want 10 cents for labour; I was referring to Tung Kum. I was not referring to myself. Then defendant said, "All right, I am satisfied, I will pay him ten cents labour." Then I said to Mr. Witchell, "If a man is willing to give, are you willing to receive? It is not my affair." The Inspector said, "I receive." In accordance with that arrangement, I received $12.60 a week.
445
Defendant-How long after your arrival in the colony did you receive information about the gambling houses in Wa Lane ?
Witness-Immediately after my arrival.
Did that information say how long gambling had been carried on there ?--I do not think so.
On what date were those entries made in the i book P-They are not dated.
To the best of your knowledge when did gambling cease in Kwai Wa Lane. How long after your arrival in the colony -Gambling ceased during the remainder of the month of October. Then it began again. To the best of my knowledge and belief it went on until I raided the place.
I am speaking about Kwai Wa Lone-All I can say about Kwai Wa Lane is that after the end of November I received no more complaints about gambling in that laue.
Mr. Francis--I have one question, your Worship. Does Rule 73 apply to the Inspector whom you have put in charge of these different seetions for the purpose of suppressing gam- "bling" Have they a right to send a mau into a house for the purpose of finding out if gambling is going on -Yes. The rule does not apply to those Inspectors.
Each Laspector has a complate right to take whatever steps ho thinks necessary to suppress gambling in his district That is so.
His Worship-Has that been the practice in the Police Force ?The prohibition against eutering these gambling "houses applies to constables only.
That has been tho practice P-Yos. Defendant-That is how you construo the regulation. Will you kindly look at it from a common sense point of view.
His Worship here read the regulation. Defendant That rule affects the whole Force, from the Captain Superintendent down. wards.
Witness-An Inspector of Police constantly sends an informer into a gambling house to obtain information; otherwise he would not get a conviction.
Is there an order prohibiting Inspectors employing informers or sending constables into these gambling houses, and have there not been prosecutions in which Inspectors have entered these houses and people have been killed and the Inspectors charged with maslaughter at the Supreme Court?-I do not know of any such order prohibiting Inspectors employing informers. With regard to the last part-
His Worship-That is all. Witness-There is a second question. His Worship-No, there is no second ques- tion. Sign the depositions, please.
Cheng On, who was brought up in the ous- tody of Acting Chief Inspector Mackie, was the next witness. He said→→
I am Chinese an Excise Officer in the employ of the Opium Farm. I have been in that em- ploy thirteen months. Before that I was a detective in the Hongkong Police Force. I am acquainted with all or nearly all the Inspectors, and as Excise Officer I was frequently up at the Police Court. I know dofondant, Inspec- tor Witchell. He is known as "No. 12" amongst the Chinese. I have paid him money. Sometimes if he was not at home I paid his wife. From the 14th of March to the 17th of June I have paid him $12,60 every week, each Monday. I got that money from Tung Kum. I always got this money from Tung Kum, who is the keeper of the Yee Yuon mercer's shop, Holly- wood Road. Before the first payment was made by me to the defendant, on 11th March, he in- vited me to his room. I went with him and conversed with him in the Inspector's quarters. Mrs. Witchell was present; she was going in and out of the room. I was speaking half in Chinese and half in English, Defendant speaks Chinese. This conversation had reference to the money payments afterwards made, He said, "In going round on my duty I saw a lot. of people standing at the entrance to Chung Hing Lane and Wa Lane. Then I used my stick to drive them away. Then a Chinese abused me, and said No. 12 is proud. Then I rau after a Chinaman. That Chinaman ran up to the first floor and called me to come upstairs, waving his hand. As I had no warrant I dared not go upstairs. He wanted to dis-
grace me.
I went away and a lot of people jeered at me. I do not know who taught the Chinese to treat me in this way. They think I cannot arrest them, but I can arrest them. If I arrest them, Mr. May will be very pleased with it. I have known these gambling houses for a long time. I know that some of my fokiz received some money to spend, therefore I do not wish to arrest them. If I go to arrest them it will spoil the business of my fokis, which is a very foolish act to do, I do not wish to do such an act; I do not know why the Chinese treat me in this way. In my section I know a house was open for two days, and the people have petitioned to Mr. May." I asked him, "Who told you all this thing you have told me?" He said, "An old man. Saug Yung, between fifty and sixty years of age." I told him not to have any conversation with that man now; he is not a proper man and he does not know how to speak. On one occasion there was gambling going on in Kwai Wa Lane, and defendant I said "I do not know which took Mr. May up to A house in Jervois Street to look into the second floor of a house in Kwai Wa Lane where the gambling was going on. After looking at the place Mr. May came back to the office and sent some one to call me. Then Mr. May said to me, There is gambling in your place.' I replied to Mr. May, Sometimes. Mr. May answered, Gambling going ou just now.' Then Mr. May said Take out a paper at once to arrest.”” He told me all this news. Then defendant asked me if I knew the "fat child." I said "Yes, I know him." He said, "When I go round on my duty this man follows me and wants to speak to
me.
As there were a lot of people in the street
I did not wish to speak to him." Witress asked Inspector Witchell, "How do you know him ""I know him," he replied, "because he is the master in Chang Hing Street." Then Inspector Witchell said, "I do not know why the man wanted to speak to me. I think he wants to speak to me about gambling in Kwai Wa Lane." I said, "If the man were to offer you anything, don't promise him." He said, Mr. May has great power, because he had arrested once before." I said "That place cannot be kept as a gambling house."
Mr. Francis-Tell me what he said about money.
Defendant--Your Worship, will you direct the witness to tell the story in his own way?
Mr. Francis-I am entitled to examine the witness as I like.
His Worship-I think Mr. Francis's question must be put.
Witness (continuing)-The defendant said "I receive not a cash from this place." Then defendant, asked me, "Do you know those gam- bling people ?" I said, "I do." The defendaht said, "I have a lot of children and the expenses are large. My money is not sufficient. Will you kindly go and see those persons to get some expenses for me." I said, "I am afraid that the people might refuse because they are not in your section." Defendant said, "If they are in my section I won't let them keep open. As they belong to another person's section, I am not afraid. As people are eating flesh I want you to pick up some bone; I shall be obliged if you will ask these persons for me." I went and saw Tung Kum, and A. Yeon or Sam Yesu. I had a conversation with Inspector Witchell about
| Sam Yeen. In consequence of that conversa, tion with the Inspector, I told all I had heard to Tung Kum, who told Sam Yeon. I was there when he told Sam Yoon. Sam Yeen replied. "Vary little." I said, "How much." He said, "$1 a day."
The Magistrate-Is this evidence, Mr. Francis? Mr. Francis-Yes, your Worship, I think so. He is the authorised agent of the defendant.
Defendant-I object to that remark; it is no- thing but humbug from beginning to end.
Witness (continuing)--I told defendant what sum had been mentioned. Defendant said, "Maskee." I further told him people want 10 cents for labour; I was referring to Tung Kam. I was not referring to myself. Then defendant said, "All right, I am satisfied, I will pay him ten couts labour." Then I said to Mr. Witchell. If a man is willing to give, are you willing to receive? It is not my affair." The Inspector said, “ I receive.” In accordance with that arrangement, I received $12,60 a
445
No comments yet.
Private notes are available after approval.