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appeared from the colony; a certain number of Chinese detectives who remained in the colony had been banished; and a certain number of Inspectors had been suspended from duty. It became evidence, and it would be shown in evidence, that the method adopted for the corruption of the police was one which rendered proof of any particular evidence extremely difficult. Those who received bribes never apparently brought themselves into contact with the persons who paid those bribes and in nearly every case the money passed through the hands of two persons, always Chinese, intermediate between the person who was paying and the person who was receiving. The Government had been fortunate in this case to obtain the evidence of intermediaries through whose hands the money passed.
The case as far as Witchell was concerned was this. He became aware in the course of his general duties as an Inspector attached to the Central Station of the existence of the gambling house in Wa Lane. There were not at that time any gambling houses of importance in his own district. He sent for a man called Cheng On, a man who some six years ago had been a detective in the police force and who was at that time and was until recently the principal excise officer under the Opium Farmer. Witchell told him that when patrolling about the colony he became aware of the existence of this particular gambling house in Wa Lane. He complained that while others were getting money out of gambling houses he was getting nothing. He explained to the man that he had a large family, that his expenses were considerable, that he would be glad to have something, and that although this particular house in Wa Lane was not in his district he knew of its existence and Mr. May would be very glad to have a report to that effect from him. Cheng On would give the whole of this conversation.
As the result of this conversation Cheng On went to the headquarters of the partnership in East Street and told the man in charge what Witchell had stated to him. Sam Yeen, who was the man seen by Cheng On, offered to pay Witchell $1 a day. Cheng On told this to Witchell, who said he was perfectly willing to accept the amount. This fact was communicated to Sam Yeen and from then to the time the gambling house was shut up on the 19th July payment at that rate was made in respect of that house. The money was not paid direct to Cheng On; it was paid day by day to a man called Tung Kum, who kept a clothier's shop close to the entrance of Wa Lane and close also to East Street. Tung Kam not only received the money for the defendant but he also received other very considerable sums of money. The money was paid by the gambling house keeper day by day in subsidiary coins to Tung Kum. Tung Kum paid every five days to Cheng On and every seven days Cheng On paid the money to the defendant.
If the jury thought the evidence was satisfactory they would have clear evidence that the defendant was aware of the existence of at least one gambling house in Wa Lane, that at his request an application was made to the keeper for hush-money, that the keeper of the gambling house or the person responsible for the management of affairs consented to make a payment at the rate of $1 or $1.10 a day—10 cents going to the intermediary—that the money was paid to Tung Kum and that Tung Kum paid that particular amount to Cheng On every five days, and that Cheng On made payments which he fixed at $12.60 every week to Inspector Witchell.
The witnesses were the Captain Superintendent of Police, Cheng On, Tung Kam, and Sam Yeen. Sam Yeen was the person arrested and convicted as being the keeper of the gaming house at No. 2, Wa Lane and he was now serving a term of nine months' imprisonment for the offence to which, during the case, he pleaded guilty. The jury would understand that these Chinese witnesses were not put forward as being absolutely pure in their actions. Sam Yeen had been promised that if he made a clean breast of it the Government would take his case into consideration and they held out a hope to him. Cheng On was arrested under a banishment warrant and he was subject to a banishment order at this moment, but hope had also been held out to him if he made a clean breast of the affair, and Tung Kum, who was also arrested, had been promised hope if he would make a clean breast of the matter.
The circumstances under which the witnesses were giving their evidence would undoubtedly be pressed upon the jury in the strongest possible manner by the counsel for the defence, and it might be urged that Chinese evidence was at all times most unreliable and that the evidence of men of this particular class, who were themselves involved in this business, must be received with even greater suspicion than the ordinary Chinese evidence. Possibly it might be urged that no European should be convicted on Chinese evidence or evidence of this kind. But the jury had to remember that while it was their duty to give the defendant the benefit of every doubt that might reasonably arise on the evidence or with reference to the witnesses themselves, they also had a duty to the public and to themselves. It was the jury's duty to do their part in assisting in the administration and enforcement of the law.
Counsel asked them to bear in mind that in such a case as this or in any case of this class it would be utterly impossible for the Government under any circumstances to obtain a conviction against any police officer or any member of the Government service for accepting a bribe or acting corruptly in office if the evidence of Chinese and the evidence of persons acting as intermediaries in the prosecution was to be rejected. Chinese evidence of course always came before a jury with a certain amount of suspicion attached to it, and Chinese evidence of this particular class was more suspicious than ordinarily. Counsel was sure that the jury would examine the evidence more carefully, listen to it more attentively, weigh it more accurately, and decide its intrinsic worth.
The jury had a serious and responsible duty to perform and they would no doubt carefully watch the witnesses and listen to their evidence and decide whether the evidence was of itself clear, satisfactory, and consistent. Counsel added that the witnesses had been in custody from a very early date. They had been kept strictly apart and they had had no communication whatever with each other. Their statements had been taken down by the Captain Superintendent of Police, Mr. Dennys, and counsel himself, Mr. Brown acting interpreter.
Page 28
Hon. F. H. May, Captain Superintendent of Police, was then called and examined by the Attorney-General. He gave evidence of the system in rogue for the suppression of gambling and detailed the work of the Inspectors. He also spoke of a letter he received some time ago. The writer offered to take him to a house in Jervois Street from which he would be able to see gambling going on in Kwai Wa Lane in the daytime. Witness communicated the contents of this letter to Inspector Witchell.
Defendant—It is gross perjury, my Lord.
His Lordship told defendant not to interrupt. If he wished to communicate with his counsel he could do so.
Defendant—Excuse me for using such an expression, my Lord.
Witness then spoke to raiding the house in East Street and finding money, jewellery, and books of account.
Mr. Robinson demanded the production of the books.
The Attorney-General said Mr. Robinson could see the books if he wished.
Mr. Robinson applied for leave to inspect the books and his Lordship granted the application providing that no officer of the court was present during the inspection.
Witness then produced the following list of the contents of the various books—
1—A list containing 35 names on one side with sums of money under them, totalling from $101.25 to $104.35; on the other 45 names with sums of money under them (those of men who received money every five days), totalling $44.13 to $45.50. Grand total, about $145.00.
2.—Contains memoranda of receipts and expenditure at various dates between 24th of 10th moon and 26th of 1st moon. (No year).
3.—Names of persons with sums of money under them (two dates, no month), the 1st, 7 names, $48.10; the 2nd, 9 names, $58.40.
4—A list of 18 articles pawned (and some redeemed) between 24th of 7th moon and 4th of 8th moon. (No year). Total value, $134.00.
5. Similar in substance and arrangement to
Page 467
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appeared from the colouy; a certain number of . Chinese detectives who remained in the colony had been banished; and a certain number of Inspectors had been suspended from duty. It became evidence, and it would be shown in evidence, that the method adopted for the cor- ruption of the police was one which rendered proof of any partionlar evidence extremely difficult. Those who received bribes never ap- parently brought themselves into contact with the persons who paid those bribes and in nearly every case the money passed through the hands of two persons, always Chinese, intermediate between the person who was paying and the person who was receiving. The Government had been fortunate in this case to obtain the evidence of intermediaries through whose hands the money passed. The case as far as Witchell was concerned was this. He became aware in the course of his general duties as an Inspector attached to the Central Station of the existence of the gambling house in Wa Lane. There were not at that time any gambling houses of importance in his own district. He sent for a man called Cheng On, a man who some six yours ago had been a detective in the police force and who was at that time and was until recently the principal excise officer under the Opium Farmer. Witchell told him that when patrolling about the colony he became aware of the existence of this particular gambling house' in 99% Laxı. Es compla,ned skne while others were wetting money oil of gambling houses ba was getting nothing. He explained to the man that he had large family, that his expenses were corale, that be would be glad to have something, and that although this parti- cular bous i Wa Lane was not in his district by knew of its existence and Mr. May would be very glad to have a report to that effect from him. Cheng On would give the whole of this conversation. As the result of this conversation Cheng On went to the headquarters of the partnership in East Street and told the man in charge what Wit chell had stated to him. Sam Yeen, who was the man seen by Chong On. offered to pay Witchell $1 a day. Cheng On told this to Witchell. who said he was perfectly willing to accept the amount. This fact was communi- cated to Sam Yeen and from then to the time the gambling house was shut up on the 19th July payment at that rate was made in respect of that house. The money was not paid direct to Cheng On; it was paid day by day to a man called Tung Kum, who kept a clothier's shop close to the entrance of Wa Lane and close also to East Street. Tung Kam not only received the money for the defendant but he also received other very considerable sums of money. The money was paid by the gambling house keeper day by day in subsidiary coins to Tang Kum. Tung Kum paid every five days to Cheng On and every seven days Cheng On paid the money to the defendant. If the jury thought the evidence was satisfactory they would have clear evidence that the defendant was aware of the existence of at least one gambling house in Wa Laue, that at his request an application was made to the keeper for hush-money, that the keeper of the gambling house or the person res- ponsible for the management of affairs consented to make a payment at the rate of $1 or $1.10 a day-10 cents going to the intermediary- that the money was paid to Tung Kum and that Tung Kum paid that particular amount to Cheng Ou every five days, and that Cheng Ou made payments which he fixed at $12.60 every week to Inspector Witchell, The witnesses were the Captain Superintendent of Police, Cheng On, Tung Kam, and Sam Yeen, Sum Yeon was the person arrested and convicted as being the keeper of the gaming house at No. 2, Wa Lane and he was now serving a term of nine months' imprisonment for the offence to which, during the case, he pleaded guilty. The jury would understand that these Chinese wit- nesses wore not put forward as being abso- lutely pure in their actions. Sam Yeen had been promised that if he made a clean breast of it the Government would take his case into consider- ation and they held out a hope to him. Cheng On was arrested under a banishment warrant and he is subject to a banishment order at this moment, but hope had also been held out to him if he made a clean breast of the affair, and Tung Kum, who was also arrested, had
[been promised hops if he would made a elean breast of the matter. The circum- stances under which the witnesses were giving their evidence would undoubtedly be pressed upon the jury in the strongest possible man. ver by the counsel for the defence, and it might be urged that Chinese evidence was at all times most unreliable and that the evidence of men of this particular class, who were themselves iu- volved in this business, must be received with even greater suspicion than the ordinary Chinese evidence. Possibly it might be urged that no European should be convicted on Chinese evi- dence or evidence of this kind. But the jury had to remember that while it was their duty to give the defendant the benefit of every doubt that might reasonably arise on the evid- ence or with reference to the witnesses them- selves, they also had a duty to the public and to themselves. It was the jury's duty to do their part in assisting in the administration and en- forcement of the law. Counsel asked them to bear in mind that in such a case as this or in any case of this class it would be utterly im possible for the Government under any circum- stances to obtain a conviction against any police officer or any member of the Government service for accepting a bribe or acting corruptly in office if the evidence of Chinese and the evidence of persons acting as intermediaries in the pro secution was to be rejected. Chinese evidence of couree always come before a jury with a certain amount of suspicion attached to it, and Chinese evidence of this particular class was more sua. picious than ordinarily. Counsel was sure that the jury would examine the evidence more care- fully, listen to it more attentively, weigh it more accurately, and decide its intrinsie worth. The jury had a serious and responsible duty to perform and they would no doubt carefully watch the witnesses and listen to their evidence and decide whether the evidence was of itself clear, satisfactory, and consistont. Counsel added that the witnesses had been in custody from a very early date. They had been kept strictly apart and they had had no communica- tion whatever with each other. Their state. ments had been taken down by the Captain Superintendent of Police, Mr. Dennys, and counsel himself, Mr. Browin acting interpreter.
28
Hon. F. H. May, Captain Superintendent of Police, was then called and examined by the Attorney-General. He gave evidence of the system in rogue for the suppression of gam- bling and detailed the work of the Inspectors. He also spoke of a letter he received some time ago. The writer offered to take him to a house in Jervois Street from which he would be able to soe gambling going on in Kwai Wa Lane in the daytime. Witness communicated the contents of this letter to Inspector Witchell.
Defendant-It is gross perjury, my Lord. His Lordship told defendant not to inter- rupt. If he wished to communicate with his counsel he could do so.
Defendant-Excuse me for using such an ex- pression, my Lord.
Witness then spoke to raiding the house in East Street sud finding money, jewellery, and books of account.
Mr. Robinson demanded the production of the books,
The Attorney-General said Mr. Robinson could see the books if he wished.
Mr. Robinson applied for leave to inspect the books and his Lordship granted the applica- tion providing that no officer of the enart was present during the inspection.
Witness then produced the following list of the contents of the various books -
1-A list containing 35 names on one side with sums of money under them, totalling from $101.25 to $104.35; on the other 45 names with 'sums of money under them (those of men who received money every five days), totalling $44.13 to $45.50. Grand total, about $145.00.
2.-Contains memoranda of receipts and ex- penditure at various dates between 24th of 10th moon and 26th of 1st moon. (No year).
3.-Names of persons with sums of money under them (two dates, no month), the 1st, 7 names, $48.10; the 2nd, 9 names, $58.40.
4-A list of 18 articles pawned (and some redeemed) between 24th of 7th moon and 4th of 8th moon. (No year), Total value, $134.00, 5. Similar in substance and arrangement to
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