$1,000. Before I was arrested I resided at 3, East Street. I was in charge of the accounts at the gambling house. I know Cheng On, whom I now recognise,
Mr. Francis—Have you ever paid him any money?
Witness—He came to me and spoke to me about giving $1.10 to "No. 12" and I asked him to whom I should hand the money and he said, "To Tung Kum."
Do you remember when it was he asked you for money for "No. 12"?—About the second or third moon this year.
Can you get nearer to it than that?—In the second moon.
Can you tell us in about what decade of the second moon it was?—On or about the 10th of the second moon.
Did you make any payment in consequence of what Cheng On said to you?—I did. I gave the money after Cheng On spoke to me.
How much?—$1.10 a day.
For how many days was that money paid?—From the second moon to the 11th June.
How often was the money paid?—Tung Kum came for the money every day.
Did you pay him every day?—Yes.
Did you make any payments to Cheng On or were all the payments made to Tung Kum?—They were all made to Tung Kum.
Tell us exactly what Cheng On said to you when he came and asked for this money.—Cheng On said, "There is no gambling in No. 12's place. He wants $1 a day; I want 10 cents as wages." That is all.
Didn't he say anything else?—Well, I promised to pay him. He told me to hand the money to Tung Kum.
When Cheng On went to speak to you about this money was anyone with him?—He came alone to No. 3, East Street.
Did you pay this money to Tung Kum yourself or was the money handed by your order?—I handed the money personally to Tung Kum.
Defendant—Are you quite sure there was no-one else with Cheng On when he came about the payments?—It seemed to me he was alone. I was alone, but there were people outside.
His Worship—At the interview you and Cheng On were alone?—We were alone.
Defendant asked permission to recall Cheng On.
His Worship—Very well.
Cheng On was then recalled. Defendant—On what date were you arrested? Witness—On the 12th July.
What time?—Between 3 and 4.
Who arrested you?—Inspector Mackie. You said on the last occasion that you did not know why you were arrested?—Yes, I said that I do not know why I was arrested.
When you were arrested were you shown warrant?—No, he did not show me a warrant. A warrant was not necessary.
And you have not seen a warrant since?—No. And you do not know whether there is a warrant for your detention in gaol?—I do not know.
You have been in the Police many years and you know whether it is legal to detain you in prison without a warrant?—Well, I know it is illegal to detain a man without a warrant, but you told me that Mr. May and Mr. Mackie can arrest a person without a warrant. You told me during the interview I had with you upstairs.
I asked you whether you know it is legal to detain a man in gaol without a warrant.
Mr. Francis—I object. It is simply a silly waste of time to ask the witness a legal question.
His Worship—I have already recorded that he knows a warrant is necessary.
Defendant (to witness)—You have been in gaol.
Mr. Francis—This is wholly irrelevant.
His Worship—I see there is a certain amount of relevancy in it.
Mr. Francis—If your Worship thinks so.
Defendant (to witness)—And you remained in gaol without a warrant being issued?
Witness—Well, how can I go away? I do not wish to remain there. I was not allowed to go.
If there is no warrant no one dares to detain you. I do not know.
His Worship—He is not remaining in gaol of his own free will.
Defendant—Are you allowed to go in and out of the gaol when you like?—No, I am confined in a room.
Did the Captain Superintendent of Police ever tell you there was a warrant?—No.
At this point the case was adjourned until 2.15.
After luncheon Ho Wai Tsim was called, but as he did not appear, after the Court had waited ten minutes, Tung Kum was called. He said—I keep a mercer's shop at 181, Hollywood Road. I know Cheng On and Sam Yeen.
Mr. Francis—Have you ever done anything for Sam Yeen or Cheng On?
Witness—Cheng On told me he had obtained $1.10 a day for "No. 12," and that I was to go to Sam Yeen, who would give the money to me.
Did you go to Sam Yeen and get money from him?—Yes.
How often did you get money from Sam Yeen?—Once every day.
How much money did you get every day from Sam Yeen?—$31.55.
Each day?—Yes.
How much of that did you pay to Cheng On?—Cheng On came for the money every five days.
How much did you pay him each five days?—$5.50.
Did you pay Cheng On anything else but the $5.50?—Yes.
What was it?—He had a few 10 cent pieces for himself.
What is the total amount you paid him each five days?—$5.50, $3.50, which was for himself, and $8. I do not know who had the $8.
So that is $17 every five days?—Yes.
Were you getting any pay yourself from Sam Yeen?—Yes, he gave me a few ten cent pieces as wages.
Of the $17 you paid every five days to Cheng On how much was for "No. 12"?—Cheng On said $1.10 was for "No. 12."
Did you get any other money from Cheng On for anyone else?—No.
Do you know Sam Yeen to speak to?—Yes. Do you know where he lived?—Yes. Where?—No. 3, East Street.
How long have you known him?—Since last year. He was in a druggist's shop before.
You have been in the Hongkong Police and resigned six years ago after twelve years' service?—Yes.
Was there anything against you?—I resigned of my own accord.
Was there anything against you?—I resigned because my mother was old and there was no one to look after her.
Were there any complaints against you?—No.
You got $31.50 from Sam Yeen?—Yes.
You got so much money from Sam Yeen: did you distribute it to the people as they came for it?—Yes.
And Cheng On used to come every five days and get $17 from you?—Yes.
Defendant (cross-examining)—You paid every five days $5.50 to Cheng On for "No. 12"?
Witness—$5.50.
You paid him in full every five days?—Yes.
How much did you get out of that for wages?—I deducted no wages from that.
In what money did you pay him?—In subsidiary coins.
All?—Yes.
And how much did he receive for himself in addition to that $5.50?—$3.50 and $8.
For himself $3.50 was for himself. What was the $3.50 for?—It was for him. What for?—I do not know; he told me to go to Sam Yeen.
Didn't he tell you what it was for?—He did not.
You are quite sure?—Yes.
Has Cheng On any interest in that gambling affair?—I do not know.
You say you served twelve years in the Police?—Yes.
Did you resign on your own account?—Yes.
Have you got your discharge paper?—I did not ask for a discharge.
After twelve years' faithful service you did not get a discharge?—No; I intended to go to the country and carry on business there.
Have you a pension?—I have.
What kind of a pension have you got?—A commuted pension.
And what was the amount that you received as a commuted pension?—I do not remember; it was $180 odd.
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$1,000. Before 1 was arrested I resided at 3, East Street. I was in charge of the accounts at the gambling house. I know Cheng Ou, whom I now recognise,
Mr. Francis-Have you ever paid him any money?
Witness-He came to me and spoke to me about giving $1.10 to No. 12" and I asked him to whom I should hand the money and he said, "To Tang Kum."
Do you remember when it was he asked you for money for "No. 12 "P-About the second or third moon this year.
Can you get nearer to it than that P-In the second inoon.
Can you tell us in about what decade of the second moon it was -On or about the 10th of the second moon.
Did you make any payment in consequence of what Cheng On said to you P-I did. gave the money after Cheng On spoke to me.
How much -81.10 a day.
For how many days was that money paid - From the second moon to the 11th June.
How often was the money paid -Tung Kum came for the money every day.
Did you pay him every day?—Yes.
Did you make any payments to Cheng On or were all the payments made to Tung Kum ........... They were all made to Tung Kum.
Tell us exactly what Cheng On said to you when he came and asked for this mouey.——— Cheng On said, "There is no gambling in No. 12's place. He wants $1 a day; I want 10 cents as wages." That is all.
"
Didn't he say anything else --Well, I pro- mised to pay him. He told me to hand the money to Tung Kum,
When Cheng Ou went to speak to you about this money was anyone with him ?--He came alone to No. 3, East Street,
Did you pay this money to Tung Kum your- self or was the money handed by your order f I handed the money personally to Tung Kum.
Defendant--Are you gaite sure there was no-one else with Cheng On when he came about the payments ?—It seemed to me he was alone. 1 was alone, but there were fokis outside.
His Worship--At the interview you and Cheng On were alone P-We were alone.
Defendant asked permission to recall Cheng
On.
His Worship--Very well.
Cheng On was then recalled. Defendant-On what date were you arrested? Witness-On the 12th July.
What time P----Between 3 and 4.
Who arrested you P--Inspector Mackie. You said on the last occasion that you did not know why you were arrested?--Yes, I said that I do not know why I was arrested.
When you were arrested were you shown warrant P-No, he did not show me a warrant, A warrant was not necessary.
And you have not seen a warrant since ! - No. And you do not know whether there is s warrant for your detention in gaol!--I do not Euow.
You have been in the Police many years and you know whether it is legal to detain you in prison without a warrant P-Well, I know it is illegal to detain a man without a warrant, but you told me that Mr. May and Mr. Mackie can arrest a person without a warrant. You told me during the interview I had with you up- stairs,
I asked you whether you know it is legal to detain a man in gaol without a warrant.
Mr. Francis-I object. It is simply a silly waste of time to ask the witness a legal questiou. His Worship-I have already recorded that he knows a warrant is necessary.
Defendant (to witness)-You have been in gaol.
Mr. Francis-This is wholly irrelevant. His Worship-I see there is a certain amount of relevancy in it.
Mr. Francis--If your Worship thinks so. Defendant (to witness)-And you remained
in gaol without a warrant being issned?
Witness-Well, how can I go away? I do not wish to remain there. I was not allowed i to go.
If there is no warrant no one dures to detain you. I do not know.
His Worship-He is not remaining in gaol
of his own free will.
Defendant-Are you allowed to go in and: out of the goal when you like ?-No, I am confined in a room.
Did the Captain Superintendent of Police ever tell you there was a warrant P-No.
At this point the case was adjourned until 2.15.
After luncheon Ho Wai Tsim was called, but as he did not appear, after the Court had waited ten minutes, Tung Kum was called. He said-I keep a mercer's shop at 181, Hollywood Road. I know Cheng On and Sam Yeen.
Mr. Francis-Have you ever done anything for Sam Yeen or Cheng On?
Witness-Cheng On told me he had obtained 81.10 a day for "No. 12," and that I was to go to Sam Yeen, who would give the money to me Did you go to Sam. Yeen and get money from him PYOR.
How often did you get money from Sam Yeen ?-Once every day.
How much money did you get every day from Sam Yeen --$31.55.
Each day Yes,
How much of that did you pay to Cheng On P -Cheng On came for the money every five days. How much did you pay him each five days? ---$5.50.
Did you pay Cheng On anything else but the $5.50 - Yes,
What was it? He had a few 10 cent pieces for himself.
What is the total amount you paid him each five daya P-$5,50, $3.50, which was for himself, and $8. I do not know who had the $8.
So that is $17 every five days?—Yes. Were you getting any pay yourself from Sam Yeen? Yes, he gave me a few ten cent pieces as wages.
Of the $17 you paid every five days to Cheng On how much was for "No. 12"- Cheng On said $1.10 was for "No. 12."
Did you get any other money from Cheng On for anyone else ?---No,
Do you know Sam Yeen to speak to ?--Yes. Do you know where he lived?--Yes. Where?-No. 3, East Street.
How long have you known him ?-Since last year. He was in a druggist's shop before.
You have been in the Hongkong Police and resigned six years ago after twelve years' ser- více -- Yes.
Was there anything against you ?--I resigned of my own accord.
Was thero anything against you?—I resigned because my mother was old and there was no one to look after her.
Were there any complaints against you?-No. You got $31.50 from Sam Yeen P-Yes. You got so much money from Sam Yeen : did you distribute it to the people as they came for it ?--Yes.
And Cheug On used to come every five days and get $17 from you P-Yes.
Defendant (cross-examining)-You paid every five days $3.55 to Cheong On for * No. 12 p
Witness-$5.50.
say you
You paid him in full every five days?--Yos. How much did you get out of that for wages? --I deducted no wages from that.
In what money did you pay him?—In sub- sidiary coins.
All-Yes.
And how much did he receive for himself in addition to that $5.507-$3.50 and $8.
For himself $3.50 was for himself. What was the $3.50 for P-It was for him. What as ?--I do not know; he told me to go to Sam Yeen.
Didn't he tell you what it was for ?-He did not.
You are quite suro )—Yes.
Has Chong On any interest in that gambling affair ?--I do not know.
You say you served twelve years in the Police Yes.
Did you resign on your own account ---- Yes. Have you got your discharge paper ?—I did not ask for a discharge.
After twelve years' faithful service you did not get a discharge ?--No; I intended to go to the country and carry on business there.
Have you a pension ?--I have.
What kind of a pension have you got-A commuted pension.
And what was the amount that you received as a commuted pension ?—I do not remember; it was $180 odd.
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