His Lordship-We cannot try that issue. It might be Dr. Lo K or it might be another Ho Kai.
Mr. Robinson then resumed his seat.
His Lordship (to Witness)--Does it say what Ho Kai it is? No, my Lord, it does not.
The Attorney-General--From information you have received you know it is not Dr. Ho Kai-I know it was not Dr. Ho Kai.
His Lordship-Do not let us go into the matter any more.
In answer to further questions by the Attorney-General as to the entries "43" and "Now 43," witness said that there was no officer at present in the Force who used to wear the number 43 and there was now another officer who carried the number 43.
His Lordship-What were the relations between you and the defendant? Were they of a friendly character or otherwise?
Witness-Very friendly.
Since he has been an Inspector in the Force?-Yes.
And I think you said he has been an efficient and zealous officer?-I should say he is one of the most zealous officers in the Force.
I remember there was an important fire case in which he distinguished himself by his intelligence and zeal.--I was not here at the time, my Lord. When I left I gave instructions that he should be made an Inspector., [In answering this question Mr. May appeared to be almost overcome with emotion. He stopped in the middle of the sentence and apparently had great difficulty in continuing.]
You have not had any difficulty or trouble with him-any quarrel or breach?-Not in the least, my Lord.
Mr. Robinson asked permission to put another question. In reply witness said that Sam Yeen escaped custody in the house in East Street. He went for a key and did not return. Witness waited half an hour and then broke open a box in the room and found the books.
Mr. Robinson-And you called upon Inspector Stanton to find him?
Witness-Yes.
And he was found the same night?-Yes. We turned out all the detective staff to find him.
You gave your orders to Inspector Stanton and the man was found?-No.
You said yes. Is it untrue that you told Mr. Stanton?-I sent the police in different directions. As a matter of fact I told Inspector Stanton to remain in the station.
To give orders and instructions. 43 is supposed to refer to Inspector Stanton?-Yes,
Cheng On was then called. He spoke to having interviews with the defendant and to paying him $12.60 every Monday. Witness received altogether $2.20 a day from Tung Kum, but he paid only $1.80, the difference of 40 cents going in his own pocket.
At the conclusion of this witness's examination in chief Hon. F. H. May was recalled at the request of Mr. Robinson. Mr. May said-Inspector Mann was on leave from 20th June, 1895, to 12th June, 1896, when he resumed duty. He then took charge of the Eastern district, Wanchai, and he has remained in charge at Wanchai until the present. Acting Inspector Hall took charge of Shaukiwan on the 11th December, 1895, and he has been in charge there until the present time.
In reply to the Attorney-General Mr. May said--From the 13th March, 1895, till the time he went on leave Inspector Mann was stationed in the Central District and was in charge of No. 2 gambling section. Wa Lane is in No. 2 section. From the 16th April, 1894, to 20th June, 1894, he was also in charge of No. 2 section. Acting Inspector Hall, from the 12th March, 1895, to the 11th December, 1895, was at the Central Station and in charge of No. 3 gambling section.
His Lordship-It is understood we are not trying these men.
The Attorney-General-My friend asked for the particulars.
Mr. Robinson-Not for the particulars the Attorney-General has given.
His Lordship-I am very much against bringing in these outside cases with which we are not dealing.
Cheng On was then called for cross-examination. He denied making the following statement at the Magistracy: "Tung Kam took me to Sam Yeen and Tung Kum told him in my presence about the conversation with the defendant." He believed the Magistrate made a mistake. The depositions were read over to him and he signed them. What he said to-day was that Tung Kam took him nearly as far as No. 3, East Street, and that he (witness) had the conversation alone with Sam Yeen.
Mr. Robinson-Perhaps you have been told since or have heard that Sam Yeen said-
Mr. Francis asked his friend to ask questions and not to make statements.
Mr. Robinson-I was not making a statement. (To Mr. Francis). I might say "You are a clever man" and that might be a question. (Laughter.)
His Lordship (who joined in the laughter)-Now, Mr. Robinson,
The cross-examination was then proceeded with. Witness said it was not a fact that defendant and his wife took him at the corner of Lyndhurst Terrace and spoke to him about some silk. It was not true that he took some samples of silk to the defendant's house on the 11th March, the date of the conversation he said he had with defendant about gambling houses. Witness received $12.60 from Lung Kum and paid that amount to defendant or his wife every Monday. He got the money in subsidiary coins and changed $10 of it into bank notes, but he did not lose in changing the money as he went to a shopkeeper, who was a friend. When witness was arrested he was not shown a warrant and he did not know anything about a banishment warrant. He knew now he was in custody under a banishment warrant. The Captain Superintendent of Police told him something about a banishment warrant, but it was not shown.
Re-examined by Mr. Francis-After witness was arrested he saw Mr. Hastings, solicitor.
By his Lordship-Witness knew nothing about the books and papers found at 3, East Street.
The Court adjourned until nine o'clock this morning. His Lordship intimated that he had promised to distribute the prizes at Belilios Public School this afternoon at four o'clock, and he would not like to break that engagement.
Page 471
SUPREME COURT.
31st July.
CRIMINAL SESSIONS.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE).
THE CHARGE AGAINST INSPECTOR WITCHELL,
The hearing was resumed of the charge of accepting bribes brought against Job Witchell, an Inspector in the Police Force.
Hon. W. M. Goodman (Attorney-General) and Mr. J. J. Francis, Q.C. (instructed by Mr. H. L. Dennys, Crown Solicitor), appeared for the Crown and the defendant was represented by Mr. E. Robinson (instructed by Mr. G. C. C. Master).
Tung Kum, master of a mercer's shop at 181, Hollywood Road, was called and examined by Mr. Francis. Witness said that every five days he received $5.50 from Cheung Hing Street and $17 from Wa Lane. The $5.50 was paid to him by "Fat Child Chi," who told witness to hand the money to Cheng On. Sam Yeen paid the $17. The money was paid in subsidiary coins. Of the $17, $3.50 went to Cheng On himself, $8 was for Yang Fat, who was formerly a detective, and $5.50 was for No. 32. Witness was paid the $5.50 by "Fat Child Chi" and was told to hand the money to Cheng On for Inspector No. 12. The payments commenced on the 14th March, 1897, from Wa Lane and on the 18th March, 1897, from Cheung Hing Street. Witness received altogether $51.75 from Sam Yeen every day; that amount included the $17. The money was distributed according to a list given to him by Sam Yeen. Witness was formerly in the Police Force. He retired on a pension about six years ago. He was now in custody under a banishment warrant.
His Lordship-We sannut try that issue. It might be Dr. Lo K or it might be another Ho Kai.
Mr. Robinson then resumed his seat.
His Lordship (to Witness)--Does it say what Ho Kai it is No, my Lord, it does not.
The Attorney-General--From information you have received you know it is not Dr. Ho Kai -I know it was not Dr. Ho Kai.
His Lordship-Do not let us go into the matter any more.
In answer to further questions by the Attorney-General as to the entries "43" and "Now 43," witness said that there was so officer at present in the Force who used to wear the number 43 and there was now another officer who carried the number 43.
His Lordship-What were the relations between you and the defendant ?
Were they of a friendly character or otherwise P
Witness-Very friendly.
Since he has been an Inspector in the Foros ? ~ Yes.
And I think you said he has been an efficient and zealous officer P-I should say he is one of the most zealous officers in the Force.
I remember there was an important fire case in which he distinguished himself by his intelligence and zeal.--I was not hore at the time, my Lord. When I left I gave instruc- tions that he should be made an Inspector., [ln answering this question Mr. May appeared to be almost overcome with emotion. He stopped in the middle of the sentence and apparently had great difficulty in continuing.]
You have not had any difficulty or trouble with him--any quarrel or breach P-Not in the loast, my Lord.
Mr. Robinson asked permission to put another question. In reply witness said that Sam Yaen escaped custody in the house in East Street. He
υπέ for went
a key and did not return. Witness waited half an hour and then broke open a box in the room and found the books.
Mr. Robinson-And you called upon Inspec- tor Stanton to find him?
Witness-Yes.
And he was found the same night?—Yes. We turned out all the detective staff to find him.
You gave your orders to Inspector Stanton and the man was found P-No.
You said yes. Ts it untrue that you told Mr. Stanton ?—I sent the police in different direc- tions. As matter of fact I told Inspector Stauton to remain in the station.
To give orders aud intructions. 43 is sup- posed to refer to Inspector Stanton F-Yes,
Cheng On was then called. He spoke to having interviews with the defendant and to paying him $12.60 every Monday, Witness received altogether $2.20 a day from Tung Kum, but he paid only $1.80, the difference of 40 cents go- ing in his own pocket.
was
On
1
At the conclusion of this witness's exam- ination in chief Hon. F. H. May was recalled at the request of Mr. Robinson. Mr. May said-Inspector Mann leave from 20th June, 1895, to 12th June, 1890, when he resumed duty. He then took charge of the Eastern district, Wanchai, and he has remained in charge at Wanchai until the pre- sent. Acting Inspector Hall took charge of Shaukiwan on the 11th December, 1885, and ¦ he has boen in charge there until the present time.
In reply to the Attorney-General Mr. May said --From the 13th March, 1895, till the time he went on leave Inspector Manu was stationed in the Central District and was in charge of No. 2 gambling section. Wa Lane is in No. 2 sec- tion. From the 16th April, 1894, to 20th June, 1894, he was also in charge of No. 2 section. Acting Inspector Hall, from the 12th Marok, 1895, to the 11th December, 1895, was at the Central Station and in charge of No. 3 gam- bling section.
His Lordship-It is understood we are not trying these men.
The Attorney-General-My friend asked for the particulars.
Mr. Robinson-Not for the particulars the Attorney-General has given.
His Lordship-I am very much against bring-
"ing in these outside cases with which we are not
dealing.
Cheng Ou was then called for cross-examina- tion. He denied making the following state- ment at the Magistracy." Tung Kam took me to Sam Yoon and Tung Kum told him in my presence about the conversation with the defendant." He believed the Magistrate made a mistake. The depositions were read over to him and he signed them. What he said to-day was that Tang Kam took him nearly as far as No. 3, East Street, and that he (witness) had the conversation alone with Sam Yeen.
Mr. Robinson-Perhaps yen have been told since or have heard that Sam Yoon said-
Mr. Francis asked his friend to ask questions and not to make statemente.
Mr. Robinson-I was not making a statement. (To Mr. Francis). I might say "You are a olever man" and that might be a question. (Laughter.)
His Lordship (who joined in the laughter)- Now, Mr. Robinson,
The cross-examination was then proceeded with. Witness suid it was not a fact that defend- ant and his wife toot him at the corner of Lyndhurst Terrace and spoke to him about some silk. It was not true that he took some samples of silk to the defendant's house on the 11th March, the date of the conversation he said he had with defendant about gambling houses. Witness received $12.60 from Lung Kum and paid that amount to defendant or his wife every Monday. He got the money in subsidiary coins and changed $10 of it into bank notes, but he did not lose in changing the money as he went to a shopkeeper, who was a friend. When witness was arrested he was not shown a warrant and he did not know He anything about a banishment warrant. knew now he was in custody under a banishment warrant. The Captain Superintendent of Police told him something about & banishmout warrant, but it was not shown.
Re-examined by Mr. Francis-After witness was arrested he saw Mr. Hastings, solicitor.
By his Lordship-Witness knew nothing about the books and papers found at 3. East Street.
The Court adjourned until nine o'clock this morning. His Lordship intimated that he had promised to distribute the prizes at Bolilios Public School this afternoon at four o'clock, and he would not like to break that engagement. SUPREME COURT.
31st July.
CRIMINAL SESSIONS.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE).
THE CHARGE AGAINST INSPECTOR WITCHELL, The hearing was resumed of the charge of accepting bribes brought against Job Witchell, an Inspector in the Police Force.
Hon. W. M. Goodman (Attorney-General) and Mr. J. J. Francis, Q.C. (instructed by Mr. H. L. Dennys, Crown Solicitor), appeared for the Crown and the defendant was represented by Mr. E. Robinson (instructed by Mr. G. C. C. Master).
Tung Kum, master of a mercer's shop at 181, Hollywood Road, was called and examined by Mr. Francis. Witness said that every five days he received $5.50 from Cheung Hing Street and $17 from Wa Lane. The $5.50 was paid to him by Fat Child Chi," who told witness to hand the money to Cheng On. Sam Yeez paid the $17. The money was paid in subei- diary coins. Of the $17, $3.50 went to Cheng On himself, $8 was for Yang Fat, who was formerly a detective, and $5.50 was for No. 32. Witness was paid the $5.50 by "Fat Child Chi" and was told to hand the money to Cheng On for Inspector No. 12. The payments com. menced on the 14th March, 1897, from Wa Lane and on the 18th March, 1897, from Cheung Hing Street. Witness received alto- gether $51.75 from Sam Yeen every day; that amount included the $17. The money was dis. tributed according to a list given to him by Sam Teen: Witness was formerly in the Folice Force. He retired on a pension about six years ago. He was now in custody under a banish-
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