In conjunction with this order there is another. There is one referring to payment to informers.
His Worship read the order as follows- "Gambling, public. Under instructions from the Governor no payments are to be made by the police until further orders for information given by informers in gambling cases. If the officer in charge of such district considers any informer deserving of reward he may bring such person to the notice of the Magistrate, who may make such a reward under the Ordinance." Defendant pointed out that that order had been cancelled. There was a later order cancelling the payment of rewards to informers.
His Worship intimated that his object in asking the witness about the regulations was to see to what extent the Inspector had been neglecting his duty in not taking action in the matter. Witness had mentioned the order dividing the town into sections.
Was there any other order for the guidance of Inspectors? Of course there was the law itself.
Defendant-I think your Worship will find it in the Gambling Ordinance.
Mr. Francis said he respectfully suggested that his Worship could not decide that point; the case must be committed for trial.
In answer to further questions witness said the Ordinance provided for two classes of gaming houses. One was a public common gaming house and the other a private common gaming house. In the first the public had access and in the second access was limited to persons known to the house.
His Worship-During what time has the defendant had charge of No. 1 section?
Witness-Since August, 1896.
Were the communications in reference to the gambling in Kwai Wa Lane in the form of letters? Yes, but unfortunately I have not got them.
Were the communications about a particular house or houses?-One house, No. 5, was mentioned particularly.
Were other houses mentioned?-Yes.
Is the charge of neglect of duty in respect of the gambling house in Kwai Wa Lane?
Mr. Francis interposed and said he framed the charge. The neglect of duty he had in his mind was in not reporting the house about which the Inspector spoke to Cheng On. There was no charge of neglect of duty in respect of any houses in the defendant's own district.
Defendant-I would ask the Captain Superintendent of Police, if the case is going for trial, to produce my character roll for the past fourteen years.
His Worship-I shall commit this case for trial. Will you reserve your defence?
Defendant-I do not see that you have any evidence at all that I know there was gambling in this house. The prosecution have failed to prove that I had any knowledge there was gambling or that I was seen in the lane driving the people away or anything else. There is no case at all against me. As to the informer, no reliance can be placed on a single word he has said. The prosecution have not proved that I have been in the house or that I drove the people away, as a witness said I told him. The prosecution have not called the man who is said to have called me upstairs and that I was frightened to go. I think it would be an injustice and would put me to a great expense if I am committed for trial. If you do, your Worship, I reserve my defence.
His Worship-The case will be committed for trial.
Mr. Francis--I think I am entitled to ask Your Worship to increase the bail, say two sureties of $500 each.
Defendant-I object to that. There is security enough for me without any other bail in a paltry case of this kind-a trumped up charge brought against me by that informer probably because I would have nothing to do with arresting people concerned in the brothel.
His Worship--I think the prosecution is justified in asking for increased bail. The bail will be two sureties of $500 each or one surety of $1,000.
Defendant-That is imposing a great hardship upon me after allowing me bail in one surety of $500.
Mr. Francis-That was pending the investigation. May I ask your Worship to give directions in the office for the early preparation of the depositions? The Attorney-General wishes to take the case at the present Sessions. I believe it will be taken next week. I have no doubt the defendant will be very glad to get it finished and disposed of as soon as possible.
Defendant-I would be glad if your Worship would order a copy of the depositions to be given to me. It is not in my power to pay for it.
His Worship-If I have the power I will do so. I think you are entitled to a copy of the depositions.
Defendant-Thank you, your Worship.
The proceedings then concluded.
451
In conjunction with this order there is an other There is one referring to payment to informers.
His Worship read the order as follows- "Gambling, public. Under instructions from the Governor no payments are to be made by the police until further orders for information given by informers in gambling cases. If the officer in charge of such district considers any informer deserving of reward he may bring such person to the notice of the Magistrate, who may make such a reward nuder the Ordinance." Defendant pointed out that that order had been cancelled. There was a later order cancel- ling the payment of rewards to informers.
His Worship intimated that his object in asking the witness about the regulations was to see to what extent the Inspector had been neg leeting his duty in not taking action in the matter. Witness had mentioned the order di- viding the town into sections.
Was there any other order for the guidance of Inspectors? Of course there was the law itself.
Dofendant-I think your Worship will find
it in the Gambling Ordinance.
1
Mr. Francis said he respectfully suggested that his Worship could not decide that point; the case must be committed for trial.
In answer to further questions witness said the Ordinance provided for two classes of gaming houses. One was a public commou gaming house and the other a private common gaming house. In the first the public had access and in the second access was limited to persons known to the house.
His Worship-During what time has the defendant had charge of No. 1 section?
Witness-Since August, 1896.
Were the communications in reference to the gambling in Kwai Wa Lane in the form of letters Yes, but unfortunately I have not got them.
Were the communications about a particular house or houses ?-One hoase, No. 5. was men- tioned particularly.
Wern other houses mentioned P-Yes.
Is the charge of neglect of duty in respect of the gambling house in Kwai Wa Lane P
Mr. Francis interposed and said he framed the charge. The neglect of duty he had in his mind was in not reporting the house about which the Inspector spoke to Cheng On. There was no charge of neglect of duty in respect of any houses in the defendant's own district.
Defendant-I would ask the Captain Super- intendent of Police, if the case is going for trial, to produce my character roll for the past fourteen years.
His Worship-I shall commit this case for trial. Will you reserve your defence?
Defendant-I do not see that you have any evidence at all that I know there was gambling in this house. The prosecution have failed to prove that I had any knowledge there was gambling or that I was seen in the lane driving the people away or anything else. There is no case at all against me. As to the informer, no reliance can be placed on a single word he has said. The prosecution have not proved that I have been in the house or that I drove the people away, as a witness said I told him. The prosecution have not called the man who is said to have called m upstairs and that I was frightened to go. I think it would be an injustice and would put me to a great expense if I am committed for trial. If you do, your Worship, I reserve my defence.
His Worship-The case will be committed for trial.
Mr. Francis--I think I am entitled to ask Your Worship to increase the bail, say two sureties of $500 each.
Defendant-I object to that.
here is security enough for me without any My family other bail in a paltry case of this kind-a trumped up charge brought against me by that informer probably because I would have nothing to do with arresting people cou- cerned in the brothel.
His Worship--I think the prosecution, is justified in asking for increased bail. The bail will be two sureties of $500 each or one surety of $1,000.
Defendant-That is imposing a great hard- ship upon me after allowing me bail in one surety of $500.
Mr. Francis-That was pending the investi- gation. May I ask your Worship to give direc tions in the office for the early preparation of the depositions.? The Attorney-General wishes to take the case at the present Sessions. I believe it will be taken next week, I have no doubt the defendant will be very glad to get it finished and disposed of as soon as possible.
Defendant-I would be glad if your Worship would order a copy of the depositions to be given to me. It is not in my power to pay for it.
His Worship-If I have the power I will do so. I think you are entitled to a copy of the depositions.
Defendant-Thank you, your Worship. The proceedings then concluded,
451
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