officer he would be able to procure for himself the advantage of the chief excise officer's knowledge. The defendant could procure through him "tips" which would be useful to a police officer. Another point was that the gambling houses presented a double aspect to the people connected with them. There was the capitalist who put his money into the concern, there were the police to find it out, and there were fokis who were the fokis were there for what purpose? there simply for love of gambling or to make money? They were there to make as much money as they could out of the capitalist who put his money into the illegal business. Their object was to line their own pockets. How was that done? Let the jury take Sam Yeen, who had during the past five years followed the occupation of a gambler. Bribes were paid to the police. After a time the bribes increased and increased until they came to $150 a day, or between $4,000 and $5,000 a month. Did the jury think that all that money was paid to the police, or did they think it found its way into the pockets of Sam Yeen, Tung Kum, and Cheng On? Possibly some of the native police were in the pay of the men. Was it not possible that something was done at the Magistracy, from which the warrants were issued? It was easy to see that the gamblers could easily get information from the Magistracy without the Europeans being able to do so. Counsel put it that the $150 a day was not all paid out to the police; it simply went into the pockets of Sam Yeen, who gulled the partners and persuaded them that they paid the money to the police. Clever Sam Yeen and clever Tung Kum! When the capital was lost there would be a cessation of business and a new partnership would be worked up and a new syndicate would carry on the business. The jury had it that the gambling houses were a source of great profit. So they were. But "for ways that are dark and tricks that are vain the heathen Chines is peculiar." It was very clear how the money went. Men of the kidney of Sam Yeen, Tung Kum, and Cheng On encouraged the syndicate to put in their money, which they disposed of. The list represented the trick of the fokis who were cheating their employers. The partners had no check on their tokis, and the partners were absolutely in the hands of the fokis. The partners were the milch cows. From a common sense point of view the list was absolutely to be disregarded. Take the Government House entry. A lukong in the employ of Government House says, "Pay me 30 cents; if you do not I am in a position to give information." The money is paid because the lukong is in a position to give information. Sam Yeen had said, "Not a cent would I have paid Cheng On if he had come on his own account." That was certainly an economy of the truth, because Sam Yeen had perhaps forgotten that he had already admitted paying to Cheng On on his own account $3.50 every five days or 70 cents a day. Cheng On said to himself, "I have got the entrée to the Inspector's house; I see him at the Magistracy; I make a point of going to him and speaking to him; I am a friend of the Inspector and these gambling people know I am a friend. I will tell them my friend the Inspector wants some money and they are bound to believe me, and I will put the money in my own pocket.” If they thought he was not an emissary of the Inspector he could say to them, "All right, you can see me go into the Inspector's house." Cheng On had ingratiated himself with the Inspector and the Inspector allowed him in his house because he could obtain good information from Cheng On. Where was the proof that defendant was paid the money? If such evidence was to convict a respectable man counsel was of opinion that there was not a firm in the place but must be under suspicion. Counsel did not know if a man like Cheng On could touch the gentlemen of the jury in civil life, but in official life every policeman in Hongkong could not help feeling that his character was in the hands of the Chinese; that is, if evidence of Chinese was to be believed. And such Chinese, too! One was a convicted gambler and the others associates of professional gamblers.
In regard to Cheng On, he was in custody under a banishment warrant. His only escape from that banishment was by telling this story. He had been the chief excise officer and he knew that the officers of the Imperial Maritime Customs of China were all round the Chinese frontier to stop the smuggling of opium. By whom? Cheng On would not like to go over the Chinese border; he had every inducement not to go and he resolved to save himself at the expense of another. He had arranged this matter. Cheng On's only chance of escape was by accusing Witchell for his own protection. He was told to tell the truth. When that was said by a high executive officer to a man under banishment, and who knew the consequences of being banished, it amounted to telling him to give incriminating evidence. He could hardly help himself because he had given himself away to Sam Yeen in saying that he came on behalf of the defendant. If Cheng On had told the truth would his case have been considered by the Government? Who was to be the judge of the truth? Counsel then said that supposing by chance Mr. Francis, who had a great reputation amongst the Chinese, had a client who kept a gambling house and he wanted to get something good out of Mr. Francis. If that man went to the gambling house keeper and said, "If you do not pay me something I will tell Mr. Francis and he will tell the Chief of Police and make it pretty hot for you." In that case the jury would have found in the book the entry- Francis, $1."
Mrs. Barnett was then called. She said she went to the defendant's house on the 11th March, when Cheng On took some samples of silk there. Mrs. Witchell saw him, but defendant did not. Cheng On remained in the house about ten minutes. Defendant was upstairs during all that time.
Cross-examined by Mr. Francis-The samples of silk were left in the house by Cheng On.
Acting Chief Inspector Mackie was the next witness. He said-P. S. McIver and his wife went home on the 25th March last in the P. and O. steamer Kaisar-i-Hind. I know Watson, the clerk at the Goal.
His Lordship thought that this was going rather outside the case and Mr. Robinson asked no further questions.
This concluded the evidence for the defence. The Attorney-General then asked permission to call the silk mercer.
His Lordship thought it was not admissible to call that man as the silk might have been bought from somebody else in March.
Mr. Robinson finally addressed the jury and said that a few words would be sufficient to put the defendant's view of the case before the jury. He had already addressed them on the main points and there were only a few incidental points that he need refer to. Counsel referred to what he called the growth of the case since the hearing at the Magistracy and commented upon the discrepancies in the evidence of Sam Yeen and Cheng On and also upon the fact that the list, which was said to be three years old, was not in the least dirty or frayed, while the ink was in parts bright. "The books of account were put in for the purpose—
Mr. Francis said that the defence called for the books; the prosecution did not put them in. Mr. Robinson submitted that as the counsel for the Crown in his opening statement referred to a complete set of books being found in the gambling house giving the accounts of the business it followed that they became evidence.
His Lordship said the prosecution could not have put in the books.
Mr. Robinson-Then how very reprehensible to refer to them.
His Lordship said Mr. Francis had merely given a description of the books.
Mr. Robinson-Essing made that statement and it having been published in the Press from the Magistracy downwards, it would have been like shirking, bilking, and being afraid of them if an attempt had been made to keep them out. I was not afraid of them.
His Lordship--If Mr. Francis had tendered these books as evidence against the defendant I should have refused to receive them and I should have directed the jury, in my summing up, to dismiss from their minds all they had heard or read of any entries.
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officer he would be able to procure for himself the advantage of the chief excise officer's know- lodge. The defendant could procure through him "tips" which would be useful to a police offi cor. Another point was that the gambling houses presented a double aspect to the people connected with them. There was the capitalist who put his money into the concern, there were the police to find it out, and there were fokis who Were the fokis wore there for what purpose? there simply for love of gambling or to make money? They were there to make as much money as they could out of the capitalist who put his money into the illegal business. Their object was to line their own pockets. How was that done? Let the jury take Sam Yeen, who bad during the past five years followed the oc cupation of a gambler. Bribes were paid to the police. After a time the bribos increased and increased until they came to $150 a day, or between $4,000 and $5,000 a month. Did the jury think that all that money was paid to the police, or did they think it found its way into the pockets of Sam Yeen, Tung Kum, and Cheng On? Possibly some of the native police were in the pay of the men. Was it not possible that something was done at the Magistracy, from which the warrants were issued? It was easy to see that the gamblors could easily get information from the Magistracy without the Europeans being able to do so. Counsel put it that the $150 a day was not all paid out to the police; it simply went into the pockets of Sam Yeon, who galled the partners and persuaded them that they paid the money to the police. Clever Sam Yeen and clover Tung Kum! When the capital was lost there would be a cessation of business and a new partnership would be worked up and a new syndicate would carry on the business. The jury had it that the gambling houses were a source of great pro- ft. So they were. But for ways that are dark and tricks that are vain the heatheni Chines is peculiar." It was very clear how the money want. Men of the kidney of Sam Yeen, Tung Kum, and Cheng On encouraged the syndicate to put in their money, which they disposed of. The list represented the trick of the fokis who were cheating their employers. The partners had no check on their tokis, and the partners were absolutely in the hands of the fokis. The partners were the milch cows. From a common sense point of view the list was absolutely to be disregarded. Take the Govern ment House entry. A lakong in the employ of Government House says, "Pay me 30 cents; if you do not I am in a position to give informa- tion." The money is paid because the lukong is in a position to give information. Sam Yesu had said, "Not a cent would I have paid Cheng On if he had come on his own account." That was certainly an economy of the truth, because Sam Yeen had perhaps forgotten that he had already admitted paying to Cheng On on his own account $3.50 every five days or 70 cents a day. Cheng On said to himself, "I have got the entree to the Inspector's house; I see bim at the Magistracy; I make a point of going to him and speaking to him; I am a Friend of the Inspector and these gambling people know I am a friend. I will tell them my friend the Inspector wants some money and they are bound to believe me, and I will put the money in my own pocket,” If they thought he was not an emissary of the Inspector he could say to them, "All right, you can see me go into the Inspector's house." Cheng On had in- gratiated himself with the Inspector and the Inspector allowed him in his house because he could obtain good information from Cheng On. Where was the proof that defendant was paid the money? If such evidence was to convict a respectable man counsel was of opinion that there was not a firm in the place but must be under suspicion. Counsel did not know if u man like Cheng On could touch the gentle. men of the jury in civil life, but in official life every policeman in Hongkong could not help feeling that his character was in the hands of the Chinese; that is, if evi dence of Chinese was to be believed. And such Chinese, too! One was a convicted gambler and the others associates of professional gam- blers.
In regard to Cheng On, he was in custody under a banishment warrant. His only escape from that banishment was by telling this
I story. He had boon the chief excise officer and he knew that the officers of the Imperial Maritime Customs of China were all round the Chinese frontier to stop the smuggling of opium. By whom? Cheng On would not like to go over the Chinese horder; he had every inducement not to go and he resolved to save himself at the expense of another. Ho had arranged this matter. Chong On's only chance of escape was by accusing Witchell for his own protection. He was told to tell the truth. When that was said by a high executive officer to a man nunder banishment, and who knew the consequences of being! banished, it amounted to telling him to give incriminating evidence. He could hardly help himself because he had given himself away to Sam Yeen in saying that he came on bohait of the defendant. If Cheng On had told the tenth would his case have been consid- ered by the Government? Who was to be the judge of the truth? Counsel then said that supposing by chance Mr. Francis, who had a great reputation amongst the Chinese, had a client who kept a gambling house and he wanted to get something good out of Mr. Francis. If that man went to the gambling house kooper and said, "If you do not pay me something I will tell Mr. Francis and he will tell the Chief of Police and make it pretty hot for you." In that case the jury would have found in the book the entry- Francis, $1."
!
Mrs. Barnett was then called. She said she went to the defendant's house on the 11th March, when Cheng On took some samples of silk there. Mrs. Witchell saw him, but defend- ant did not. Cheng Ou remained in the house about ten minutes. Defendant was upstairs during all that time.
Cross-examined by Mr. Francis-The samples of silk wore left in the house by Cheng On.
Acting Chief Inspector Mackie was the next witness. He said-P. S. McIver and his wife went home on the 25th March last in the P. and (). steamer Kaisar-i-Hind. I know Wat. sen, the clerk at the Goal.
His Lordship thought that this was going rather outside the case and Mr. Robinson asked no further questions.
This concluded the evidence for the defence. The Attorney-Goueral then asked permission to call the silk mercer.
His Lordship thought it was not admissible to call that man as the silk might have been bought from somebody else in March.
Mr. Robinson finally addressed the jury and said that a few words would be sufficient to put the defendant's view of the case before the jury. He had already addressed them on the main points and there were only a few incidental points that he need refer to. Counsel referred to what he called the growth of the case since the hearing at the Magistracy and commented upon the discrepancies in the evidence of Sani Yeen and Cheng Ou and also upon the fact that the list, which was said to be three years old, was not in the least dirty or frayed, while the ink was in parts bright. "The books of account were put in for the purpose--
Mr. Francis said that the defence called for the books; the prosecution did not put them in. Mr. Robinson submitted that as the counsel for the Crown in his opening statement re- ferred to a complete set of hooks being found in the gambling house giving the ac- counts of the business it followed that they became evidence.
His Lordship said the prosecution could not have put in the books.
Mr. Robinson-Then how very reprehensible to refer to then.
His Lordship said Mr. Francis had merely given a description of the books.
Mr. Hebinson-Essing mada that statement and it having been published in the Press from the Magistracy downwards, it would have been like shirking. bilking, and being afraid of them if an attempt had been made to keep thelo out. I was not afraid of them.
His Lordship--If Mr. Francis had tendered these books as evidence against the defendant I shonld have have refused to receive them and I should have directed the jury, in my summing up, to dismiss from their minds all they had heard or read of any entries.
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