week from Tung Kum. I took the money every Monday and paid it sometimes to the defendant and sometimes to his wife if he was not there. The $12.60 was from two gambling houses—one at Chung Hing Street and Wa Lane—$1 from each house a day and ten cents off for labour. I would know Sham Yeon again if I saw him.
Sam Yeon, the master of the house in Wa Lane which was raided was here brought into court in custody and witness identified him.
This concluded the witness's examination and it was decided to take Mr. Brewin's evidence before the cross-examination was proceeded with.
Mr. A. W. Brewin, Acting Inspector of Government Schools, said—I have knowledge of Chinese, both of the spoken language and the character. No. 1 entry in the book is, "No. 12, $1.10; handed to Cheng On." Entry No. 2 reads, "No. 12, $1," then there are characters signifying, "Handed to Cheng On." These are crossed out. Then there are the characters, "Handed to Tang." I am not certain of the last character; it is abbreviated.
Cross-examined—The characters, "Handed to Cheng On," have been crossed out; there is a round mark over them.
Re-examined—I do not know whether the Chinese book-keepers or accountants make use of that mark over an entry in a day book to show that the account has been transferred to another book.
Defendant—Your Worship, I see that the Chinese witness has been taken away.
His Worship—Who has taken him away? Defendant—Inspector Mackie.
Mr. Francis—The witness has no right to leave the court.
Defendant—The prosecution have got him in their hands to do what they like with him.
His Worship—I will see that you have a fair trial.
The adjournment for luncheon was then taken. Defendant asked to be allowed out at liberty. He had been locked up since four o'clock the previous afternoon.
Mr. Francis intimated that there was no objection to the defendant being allowed bail. He could insist upon bail if he liked.
His Worship asked the defendant to get bail during the adjournment.
The Captain Superintendent of Police intimated that he would make arrangements for the defendant to be at liberty during the adjournment.
After the adjournment the defendant cross-examined the witness Cheng On.
Defendant—Are you at present an Excise Officer for the Opium Farmer?
Witness—Yes.
Have you been arrested under a banishment warrant?—I do not know.
Have you been detained in the gaol?—Yes.
Since you have been in gaol you have been brought before the Captain Superintendent?—Only once.
Who was present at the time?—Mr. Deunys, the solicitor.
No one else?—No.
Is that where you made the statement you made to the court this morning?—Yes.
You say you remember coming to my quarters on the 14th March last?—On the 11th March.
Was that the first time you had been there?—That was not the first occasion.
On what date did you go there before?—I do not remember. I went there last year.
What did you go there for last year?—I went to see you about a case in which Pang On made a false charge against three of my elusmen.
What did you have to say about that?—You told me you knew it was a false case and you said you would speak straightforwardly.
In what month was that?—Between the 7th October and the 4th December.
Had you been to my house, or did my wife and I meet you in the street a few days previous to the 11th?—I do not remember.
Do you remember going to my quarters on the 9th?—I do not remember.
You seem to be very forgetful just now.
Do you remember meeting me and my wife on the afternoon of the 9th at the corner of Wellington Street and Lyndhurst Terrace?—I did not meet you and your wife.
Was anything said to you in the street on that occasion about getting some samples of silk?—It was not in March; it was in the 4th moon—May, when something was said about silk.
Did you come to my house on the 11th March?—I did.
Whom did you see?—You and your wife were there and the children were running about. Was anyone else there?—There was no one else.
Where did you sit down?—Near the fireplace in the room next to the dining room.
Which way did you come in?—By the back, up the steps.
You are quite sure you did not see anyone else there?—I did not see anyone else.
Did you bring any pieces of silk on the 11th?—I did not.
I mean samples, not pieces.—No; it was in May that I took some samples.
You did not show any samples to anyone on the 11th March?—You had not mentioned about buying things then.
When did you go again after the 11th?—On the 13th March, between 2 and 3 p.m.
Who asked you into the sitting room on the 11th?—You were in the sitting room and you asked me to come in.
Was anyone else there besides myself?—Your wife came in afterwards.
You are sure I was in the sitting room when you came?—Yes.
I was not upstairs?—No.
I was not called downstairs?—No.
Be quite sure. There was no one else in the room besides myself, my wife, the children, and the cook?—The children and the cook were not in the room.
But there was no one else there?—No.
Did I say anything to you on the 9th March about a friend going home to England and that I wanted to send some silk with him?—No.
Did I tell you the Clerk of the Gaol—Mr. Watson—was going home to England?—No.
I did not say anything to you about Mr. Watson?—I don't remember that you did.
You did not meet me in Lyndhurst Terrace on the 9th March.
And you never got any samples of silk at the end of November or the beginning of December last year for me?—No.
Did I show you a photograph on the piano of a lady to whom I was going to send the silk—the photograph you dropped on the floor?—Yes, I remember that and also dropping it on the floor.
Was that at the end of November or beginning of December?—It was this year and not last.
Did you ask me if the lady was my mother?—No.
Did I show you a photograph of a gentleman?—No.
Did I tell you that gentleman was Mr. Falconer, Magistrate at Lorne, South Wales?—No.
Did I tell you it was his lady?—No.
Did you remark "It's very handsome?"—I said it was pretty good.
On the 11th, when you went in, who met you in the passage way?—I walked along the passage and when I got to the room you said, "Come in."
It was rather familiar for you to come in like that?—I went to look for you.
Did you ask where I was?—There was no one in the house when I went there and so I did not ask.
What are you talking about?—I walked up to your room and saw you there.
How long do you say you stayed there on the 11th?—Three quarters of an hour.
Didn't Mrs. Witchell tell you to sit down and she would call me?—She was upstairs; she came down afterwards.
She was not in the room?—No.
You said we were all there. Did you say to Mrs. Witchell on the 11th, when she said "she would call me," "Oh, never mind, I've brought that piece of silk for you to look see?"—No.
Did Mrs. Witchell say that was not the kind of silk she wanted?—No.
You went out at the back, didn't you?—Yes.
446
week from Tung Kum. I took the money every Monday and paid it sometimes to the defendant and sometimes to his wife if he was uot there. The $12.60 was from two gambling housos-one al Chung Hing Street and Wa Lano-$1 from each house a day and ten cents off for labour. I would know Sham Yeon again if I saw him.
Sam Yeon, the mastor of the house in Wa Lane which was raided was bere brought into court in custody and witness identified. him.
This concluded the witness's examination and it was decided to take Mr. Brewin's evidence be- fore the cross-examination was proceeded with.
Mr. A. W. Brewin, Acting Inspector of Government Schools, said-I have knowledge of Chinese, both of the spoken language and the character. No. 1 entry in the book is, "No. 12, $1.10; handed to Cheng On." Entry No. 2 reads, "No. 12, $1," then there are characters signifying, "Handed to Cheng On." These are crossed out. Then there are the characters, Handed to Tang." I am not certain of the last character; it is abbreviated.
Cross-examined--The characters, "Handed to Cheng On," have been crossed out; there is a round mark over them.
Re-examined-I do not know whether the Chinese book-keepers or accountants make use of that mark over an entry in a day book to show that the account has been transferred to another book.
Defendant-Your Worship, I see that the Chinese witness has been taken away.
His Worship-Who has taken him away? Defendant-Inspector Mackie.
Mr. Francis-The witness has no right to leave the court.
Defendant---The prosecution have got him in their hands to do what they like with him.
His Worship-I will see that you have a fair trial.
The adjournment for luncheon was then taken.. Defendant asked to be allowed out at liberty. He had been looked up since four o'clock the previous afternoon.
Mr. Francis intimated that there was no objection to the defendant being allowed bail. He could insist upon bail if he liked.
His Worship asked the defendant to get bail during the adjournment.
The Captain Superintendent of Police in- timated that he would make arrangements for the defendant to be at liberty during the ad. journment.
After the adjournment the defendant cross- examined the witness Cheng On.
Defendant-Are you at present an Excise Officer for the Opium Farmer ?
Witness-Yes.
Have you been arrested under a banishment warrant F-I do not know,
Have you been detained in the goal P—Yes, Since you have been in gaol you have been brought before the Captain Superintendent ?-~-~~- Only once.
Who was present at the time P-Mr. Deunys, the solicitor.
No one else -No.
Is that where you made the statement you
made to the court this morning ?-Yes.
You say you remember coming to my quar- ters on the 14th March last ?-On the 11th March.
Was that the first time you had been there? That was not the first occasion.
On what date did you go there before?-I do not remember. I went there last year.
What did you go there for last year P-I went to see you about a case in which Pang On made a false charge against three of my elsusmen,
What did you have to say about that P-You told me you knew it was a false case and you said you would speak straightforwardly.
In what month was that?-Between the 7th October and the 4th December.
Had you been to my hanse, or did my wife and I meet you in the street a few days pre- vious to the 11th P-I do not remember.
Do you remember going to my quarters on the 9th--I do not remember.
You seem to be very forgetful just now.
Do
you remember meeting me and my wife on the,
aflorwoon of the 9th at the corner of Welling- ton Street and Lyndhurst Terrace P-I did not meet you and your wife.
Was anything said to you in the street on that occasion about getting some samples of silk ?-It was not in March; it was in the 4th woon-May, when something was said to 10 about silk.
Did you come to my house on the 11th March --I did.
Whom did you see?-You and your wife! were there and the children were running about. Was anyone else there cock. There
was no one else.
Where did you sit down Near the fireplace in the room next to the dining room.
Which way did you come in? By the back, up the steps
You are quite sure you did not see anyone else thero F-I did not see anyone else.
Did you bring any pieces of silk on the 11th? -I did not.
I mean samples, not pieces.No; it was in May that I took some samples.
You did not show any samples to anyone on the 11th March You had not mentioned about buying things then.
When did you go again after the 11th -On the 13th March, between 2 and 3 p.m.
Who asked you into the sitting room on the 11th-You were in the sitting room and you asked me to come in.
Was anyone else there besides myself?--- Your wife came in afterwards.
You are sure I was in the sitting room when you came ?—Yes.
I was not upstairs ?-No.
I was not called downstairs P-No.
Be quite sure. There was no one else in the room besides myself, my wife, the children, and the ecok The children and the cook were not in the room.
But there was no one else there P-No.
Did I say anything to you on the 9th March about a friend going home to England and that I wanted to send some silk with him P-No.
Did I tell you the Clerk of the Gool-Mr. Watson-was going home to England ?-No.
I did not say anything to you about Mr. Watson P-I don't remember that you did. You did not meet me in Lyndhurst Terrace on the 9th March.
And you never got any samples of silk at the end of November or the beginning of December last year for me --No.
Did I show you a photograph on the piano of a lady to whom I was going to send the silk -the photograph you dropped on the floor Yos, I remember that and also dropping it on the floor.
Was that at the end of November or begin- ning of December --It was this year and not last.
Did you ask me if the lady was my mother --
No.
Did I show you a photograph of a gentle- man No.
Did I tell you that gentleman was Mr. Fal- coner, Magistrate at Lorne, South Wales -
No.
Did I tell you it was his lady No.
Did you remark "It's very handsome ?"~~I said it was pretty good.
On the 11th, when you went in, who met you in the passage way -I walked along the passage and when I got to the room you said, * Come in."
It was rather familiar for you to come in like that I went to look for you.
Did you ask where I was ?There was no one in the house when I went there and so I .did not ask.
What are you talking about P-I walked up to your room and saw your there.
How long do you say you stayed there on the 11th Three quarters of an hour.
Didn't Mrs. Witchell tell you to sit down and she would call me P-She was upstairs; she came down afterwards.
She was not in the room ?-No.
You said we were all there. Did you say to Mrs. Witchell on the 11th, when she said "she would call me, "Oh, never mind, I've brought that piecee silk pay you look see ?"-No.
Did Mrs. Witchell say that was not the kind
of silk she wanted ? No.
You went out at the back, didn't you ?--Yes.
446
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