Wednesday, 20th May
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR SIR HENRY S. BERKELEY (ACTING "CafEF JUSTICE):
THE GAGE STRELT MUKDER TRIAL.
Liu Chui eling Li Kwai Fán was charged with the murder of Yueng Kuo Wán, the Reformer schoolmester, in Cage Street, on 10th January, 1901.
He ploaded not guilty.
Mr E. B. Sharp, K... Acting Attorney- General Ginstructed by Mr. F. B. L. Bowley, Crown Solicitor), conducted the prosecution; and Mr. T. Morgan Phillips, barrister-at-law, was for the defence.
The following jury was empanelled :-Messrs. W. Nicholls, P. Dow, R. Saron, J. W. Crouch, P. Hardman, J. A. T. Plummer and A. S, Anton. Foreman, Mr Dow.
The Acting Attorney-General in opening the case said the acensed wes charged as being a member, in fact the leader, of a gang of four men who committed this deed in concert together. All four of these men had been for some time known to the Crown by name, but the other three unfortunately were not before the Court. They had not been caught and in ali probability would never be found within the jurisdiction of this Colony so that they could be enught. The prison r only returned to Horg- kong last month and was arrested. The circumstances of the murder were fairly notorious. Deceased lived at 52, Gago Street in a corner house frenting rpon that street and Abeidern Street. He rented the whole of the first floor consisting of a large room and two cubicles and a kitchen in the rear. The ground at the back was almost one storey higher than in front. The first flour was entered by the back from a lane and wis practically on a leve) with the late, which debouched into Aberdeen Street by a short flight of steps. Deceased 'e nducted a vight school for the teaching of English to Chinese boys and young men. The classes commenced On at six o'clock, in the large front room. the evening in question deceased was sitting at a table in the centre of the room, reading to a class from a book. The door was on the lateb for the convenisuce of pupils arriving late, and it was corsequently easy for anybody to enter withont attracting any particular attention. The wife of the deceased man, her daughter and two small children were in the enbicles at the back of the premises. About half-past six o'clock a man suddenly appeared in the
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Was
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for a moment
by a few there but not by the deceased. This Joan walked a certain distance into the room fairly close up to the table and suddenly discharged three or four shots at the deceased. The shots took effect and deceased full forward ou to the table, the pupils fed in panic, and in
His Lordship-I p esume you are going to prove this-that these officials publicly offered a reward for the mau's apprehension or assassina- tion
The Acting Attorney-General I shall prove
that.
CHINA ÖVERLAND TRADE REPORT.
292
369
some
May 23, 1903.] the confusion the man who fired the shots, for the house of the deconsed. along with another man who accompanied him, arrived in the neighbourhood of deceased's the man down from Canton and "everything When they the man. The Chinese Government had sent escaped. Deceased's wife and daughter rashed house Tani Fak mounted guard at the junction to be done." into the room, found him in a state of collapse, of Gage Street and Aberdeen Street. Prisoner rernment would
He hoed the English Go- and called the police. When the injured woan and the other two men continued np Aberdeen happened about half-past seven. "A man named do him justice. This was taken to the hospital Dr. Bell found that Street as far as the back of the house and Kwong had come to his house two months ago bis injuries were too serious to allow of the stopped at the entrance of the lane. Then and told him that Ng Shui Shang had gone up extraction of the ballets. He died next morn-prisoner reconnoitred the back of the house and to Canton to make arrangements with Ting ing. Three bullets were found in the body and presently afterwards came down and joined his Fan Toi and asked him to make a design of the cause of death was certified to be internal two companious at the foot of the flight of murder on deceased; if the business succeeded hemorrhage. Deceased made a dying declara steps. There they had a short conversation, and it would be $20,000, tion implicating the Chinese Government, say- then the other two men went up the steps and ing that they had offered a reward of $20,000 | entered the house, the prisoner monnting guard made the acquaintance of the prisoner on bis. Tam Chung, a Yaumati fisherman, said be for his life. One of the most interesting points at the corner so as to command Aberdeen street about this case was that the circumstances of and the lane at the back of the house. The About July or August of that year he again uncle's marriage boat at Yaumati in April, 1900. the crime were known evidently to a very large shots were fired immediately after these two saw him on that boat. number of Chinese, both before and aftor the men entered the bonse.
Prisoner said he had murder: The principal reason they remained
Directly the shots come down to look for some business but did were fired the two men reappeared from passive was probably that they were afraid the bouse and came down the atops. They boat for four or
rot say where from; he stayed on the of the Chinese Government, Deceased w. S were followed by a witness who knew them and
five days and then came a member of the Reform party,
over to this side and took a house in a lane off He was they walked very quietly down Aberdeen Street Hollywood Road. Witness went to live with prominently concerned in the Waichou rising as far as the Frave, There three out of the him in the capacity of a cook. He left on the in September, 1904, and for his connection with gang of four got into a sampan and went ont to that rising he was wanted by the Chinese the Harbour. A little later on prisoner appear house to Sergeant Sullivan. During the time 5th January, 1901, had pointed out this Government. The Acting Viceroy of Cantoned across at Yaumati at a marriage-boat belonging he lived with prisouer he remembered a pilot and Governor of Kwangtung offered a to friends of his, to whom he told more or less from the Ai Yui coming to the house. On reward of $20,000 together with official rank of the story and asked them to put him up: for the capture or assassination of the deceased They rofused. The pris ner disappeared and prisoner he understood there was a man named one occasion he herd the pilot telling the Dan. Li Ka Chuk, the mandarin in Canton he was nots en again. But presently afterwards Young Kus Wan living in Hongkong and who was in charge of the military geard and the whole gang were back in Cantou where they asking what was his occupation. Li Ka Chuk had power to do anything, with the police stayed in Li Ka Chuk's barracks for ten days or force there, took the matter ap and practically more, during which time the murder was very
of the Chinese Government, he said, offered a reward of between $10, 90 and 320,000 to organised this murder,
frequently discussed and the prisoner frequent anyone who would kill him and also to give ly referred to it, boasting that be committed several buttons, could the prisoner get some the deed and claiming the reward for it. one to kill him? Pris ner said that if there There was no secrecy preserved there about the was a reward he would get some one to kill watter. The four anrderers actually received the deceased. their reward and the Viceroy promoted the stay for dinner.
Prisoner asked the pilot to The pilot not only did prisoner and two others to be mandarins of the so but stayed for several days. Prisoner Afth rank. In conclusion, he said the jury asked witness to assist him to beat Yenug minst leave out of consideration any sympathy Kne Wan. Witness sid he had which they might have with the Reform move classmen trading in this Colony and it ment, if they had such a sympathy. Notwith-1 would be very diffenlt to secure his services. standing the extraordinary breach committed He flatly refused. There were six men living by the Chinese Government or officials of the in the house. All of thess co sented to join Chudamental principles of international rights the prisoner. He heard the e people discussing and the intolerableness of having a foreign what they were to do with the deceased; pri government's emissaries entering our terr torysoner suggested that he and two others should for the purpose of murdering somebody who go down the street, keep a watch on Yueng was under the protection of our dag but Kus Wan, and, if he went to a house where was obboxions to that foreign government, it there were only a few people present, shoot was conceivable that the Chinese officials who him; if there were many people they were not organised this affair wee aetuated by patriotic to shoot him. Witness lett the prisoner's house motives. He did not know they, were, but it on 5th January becau e he was afraid of being was perfecily possible. But that had nothing implicated. He went back to his uncle to do with the motives of this gang of murderers boat. He called at the prisoner's house who were actuated by no spirit of unselfishness on the 9th, on which ocession Lam Tsai and patriotiem but by the seabest and most and a way used A Tong were there. sordid motives of money to be gained. regards the law in the after, his Lordship previous gang were afraid to do anything, they As the presence of these two, prisoner said the would tell them that in the ease of murder by à bad to pluck, so be got these two men from gang, although only one man might actually Canton. Witness next saw prisoner about inflict the fatal injury, they were all alike liable sight o'clock at night on the 1th on his uncle's for the crime.
bat at Yaumati, where prisoner arrived by a sumpan, alone. Prisoner asked to be allowed to ** stay for the night. Witness's uncle asked where he had been and what he had done, Frisoner replied that he had killed Young Kus Wan. His uncle refased to take him in. Prisoner then asked for a blanket but did not get it, and at last went ashore in n sampar to Yanmati Witness next met the prisoner towards the end of the year in Canton, some time in February. The Kia Fui was * Chinese ganbost, and Yeung Chiog Kai the name of the captain, who was ander i Ka Chub, the military governor of Canton. On this occasion rewards in the shapa of buttons were mentioned. and the prisoner said to witness: You are a coward, otherwise you would have plenty of money to spend and a button to wear.” Prisoner said also that he bad received only a few hundred dollars of the reward so far, and a button-a crystal one of the fifth rank. When witness was living with him the prisoner was buttonless. He asked the prisoner to lead him a few dollars, as the New Year was approaching but he said he had not a cash left.
mur- |
E. W. Carpenter. P.W.D.. was the first wituess. He put in and proved plans of the house 52, Gage Street.
His Lordship-Bécause it is a very serious allegation to make against those officials.
The Acting Attorney-General-I think will prove it to your Lordship's satisfaction, Hie Lordship→You must offer evidence. The Acting Attorney-General--Certainly, my Lord. This mandarin, he went on to say, really organised this murder, although he did not actually come to Hongkong; and some of bis braves were in the gang who committed the murder Yung Ching Kai, captain of the Chinese gunboat Ain Yui, came to Hongkong and acted as intermediary between the malaria and his emissaries. Prisoner was the leader of the gaug who committed the deed. He tried for some time to get assistance in the murder. Many per- sons had been traced who were asked and refused to act with him. He was therefore for some time trying to make up a gang. Une of the persons who were asked to co-operate actually lived in the same house with the prisoner for some time aud he would speak to the meetings between the Chiness officials and the batching of the plot, be being present at some of the meetings held. 'This
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the house shortly before the murder. Some of those who were asked to co-operate would have been quite willing to assist in kidnapping the deceased but would not take part in der. This man felt it was getting alto gether too serious and he went away but was afraid to report the matter. Early in January of 1901 there were meetings held in Li Ka Chuk's barracks in Canton' between the captain of the Win Fui and officers of the man- darin, Chan Lam Tsui, Tung Chang and Tsul Fuk. The last two men were braves. 'These three men were engaged by Li Ka Chuk to assist the prisoner in this enterprise and with the prisoner these three men constituted the gang who carried out the purpose of this con- spiracy. On the morning of 7th January these three men came from Canton to Hongkong. They joined the prisoner here and thereafter until the time of the murder they were con- stantly together. On the day of the murder in the late afternoon there was 's meeting in the house of Ng Shui Shang alias Ng Lo Sau, # man who was one of the conspirators though not a member of the gang of four. He was banished shortly after the murder. There were After other witnesses had given evidence, present at this meeting the gang of four mei Dr. Bell went into the box, He described including the prisoner who was the leader, also the man's coulision when brought into hospital two officials from Chaton-Li Ka Chuk's and spoke to the dying deposition made by the secretary and the captain of the Kia Yui and deceased and written down by witness at the an acquaintance of Ng called Kong, At Lime. Deceased's deposition was to the effect this meeting the final arrangements were that he was teaching at the English school in made for the murder, and at the mination of that mooting the gang sef out
ter his house when very quietly the murderer came in and shot him four times. He did not know
The wife of the murdered man next gave evidence. When she heard the report of fire- arnus, she said, she came out from the cubicle where she had been lying on the bed, and met all the pupils rutining out. When she went into the front room she found her husband leaning Forward with bis head on his hands. He was bleeding. The lamp on the table at which he sal was extinguished; it had been burning before the murder. There was another lamp on a site table; it was alight. With the assistance of her daughter she laid her husband upon a bed. When she asked him what had happened he said he had boon shot at the instigation of the Chinese Government
A young Chinese who was a student of the deceased nad who was in the room when the murder was committed gave evidence as to the deed.
Cross-examined—There was no other stranger is the room but the man who fired the shots. Prisoner was not there.
Cross-examined--Witness was a fisherman, and had his own boat in Yaumati. He gave up cooking in January, 1901, before which data he had never been a fishermt. His uncle gave him the boat. Witness had a brother named Tam Tai who visited the house where he was cooking for the prisoner, but witness knew nothing about his antecedents, nor whether he was hiding from the police in consequence of
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