ces
stolen goods being found on the uncle's boat. Witness's wages as oook were three dollars a month. He had seen the pilot of the Kin Yuż before the latter came to the prisoner's house, but had never spoken to him; the pilot did not know him. When the conversatiin was going on about the shooting of Yeung Kue Wau witness was in the same roam, and heard everything.
Mr. Morgan Phillips asked the witness to repeat in Chinese, without stopping, what the pilot said, and this he did. Interpreted, it was to the effect that there was a reward of about $10,000 and several buttons offered for Yenng Kuo Wau.
(
THE HONGKONG WEEKLY PRESS AND
[May 23, 1,903.
H. tel, and they would be under the charge of the patent which belonged to his elder the usher.
The Court rose.
A. PRECEDENT.
Although the course adopted by the Acting Chief Justice in ordering the jury to be locked up for the night is one which has not been followed for many years, the Court rorords show that a similar thing happened in 1865, when Sir John Smale was Chief Justice. In Mr. J. W. Norton Kyshe's History of the Lures and Courts of Hongkong, Vol. II, p. 140 we find the following interesting parallel
*
The first instance also of a jury being detained in custody overnight happend upon 26th February, 1868, in the Case R. Loe Tai and Koong a Fook, charged with making a murderous attack. At a few minutes before soven, the Chief Justice remarked that as the case could not be finished that night | it would be desirable that the jury should be ocked up. Mr. Whyte Sid he was qui e will
Cross-examination continned--The pilot did not ask the wituess to leave the room when he was discussing the project, in which the acensed asked him to participate. His reason for no, joining in it was that he was too busy with the cooking, and he did not make a report to the polics because prisoner threatened to kill bim if he did. When the prisoner visited the uncle's boat on the night of the 10th January, he saiding on behalf of the prisoners that the jury right away that he had shot Yeung Kus Wan should be allowed to leare. His Lordship dead. He afterwards went ashore, but witaess's remarked that he had not the power to allow uncle, who still kept a marriage-boat at Yau- the jury to leave. According to Sections 22 and mati, did not follow him and report to the police, 23 of Ordinance 11 of 1961 he was bound to as he was afraid of the prisoner. Witness went have them kept in charge of an officer to Canton in February to obtain a loan from the nutil the
was finished. case
As to Mr. prisoner, who had borrowed a couple of dollars
Whyte consenting to their going away out of 56 paid to witness as wages.
Pris mor he would remark that by a fate decision refused to lend him money, but it was not on it was held that a prisoner conld consout to that account that witness was giving evidence
nothing (1.. Bertrand, 1 Law Reports, P.C., against him. Witness never gave infarm stion 520). He was very sorry that the law should 1 the police; the police came to look for him
put suck an inconvenience on a jury but he on or about 10th or 11th April this year.
could only obey the law; and the Court was He felt bound to tell the police what he knew, accordingly adjourned until next morning and and also felt safe in doing so, although he was the jury removed to the Hotel de l'Europe." afraid to go out ou dark nights now.
From the Daily Prew of 27th February. 1863, we find that the jury was as follows:- Messrs. L. P. Ward, J. Parsons, J. da Silviera, G. Agabeg, P. Macvicar, J. E. Manger and E.
Re-examined-The prisoner was arrested loug before the police came to see him.
was
Chan Wan, examined by Mr. Sharp, said he was employed at present as a cook on board the Zafiro. He knew the prisoner, who nicknamed "Sow" ("jutting teeth") by reason of the peculiar formation of his teeth. Witness's brother Chan Lam Tuaj was a member of the gang, and was executed because two letters were found in his possession by Li Ka Chuk. Witans had seen and read the lettera, which did not relate to the murder directly, simply asking his brother to come down to Hongkong from Canton, as the Government of Hongkong wanted him. One of the letters was sent by "Mai" (the Chinese for Mr. May, then Captain Superintendent of Police). Witness was present at the execution of his brother, whose head was cut off ou the Honam side of Canton. He remembered the murder of Yeang Kue Wan, and during the few months preceding it witnesS was living at Canton with his brother, who rented the hou e and lived in it, with his family. His brother was a soldier aud & gambler-a soldier when times were busy and a gambler when they were slack. Li Ka Chak. the mandarin, was the head of the Chuk regiment. Ko Ping Shan, whom witness knew, was one of Chuk's soldiers. called at witness's brother's house on 6th January, 1901, and the two-the
Ho
brother
and Ko Ping Shan-had a conversation, after which they wont to Li Ka Chuk's barracks, When he came back he had a conversation with Tung Cheung, the other man living in the bouse, and very early next morning all three- witness, his brother, and Tung Cheung-went to Chuk's barracks. Witness remained outside but the other two went in and later on sent for him. When he entered he saw the captain of the Kin Yai and the other two besides
↑
Erdman.
The chronicler relates that
"The countenances of the jury fell consider- ably when they heard this discussion going on as to their probable fate for the night, and when it was finally announced to them that they could not be out of the custody of the Court they appeared to feel decidedly uncom fortable.
"Mr. Whyte said he did not know where the jury could be kept. Certainly not in the Court, and he thought the gaol was the most comfort able place.
"At a few minutes before seven, Mr. Whyte concluded the evidence of A Chee, and the Court was accordingly adjourned until this morning, and the jury were removed to the Hotel d'Europe."
Thursday, 21st May.
IS CRIMINAL JURISDICTION.
BEFORE HIS HONOUR SIR HENRY S. BERKELEY (ACTING CHIEF JUSTICE).
THE GAGE STREET MURDER TRIAL-SENTENCE The trial was continued of Lui Chui alias Li Kwai Fan who was charged with the murder of a Reformer schoolmaster at 52, Gage Street on 10th January, 1901.
OF DEATH.
Mr. E. H. Sharp, K.C., Acting Attorney- General (instructed by Mr. F. B. L.. Bowley, Crown Solicitor), conducted the prosecntion; | and Mr. T. Morgan Phillips, barrister-at-law,
was for the defence.
Chan Wan, who had been under examination when the Court rose on the previous night, one of Li Ka Chuk's braves and a fourth
was again put in the witness-box. He said member of the gang named Tsui. Witness was he met the gang in Canton after the not included in the interview between the cap-murder. Witness's elder brother, Lam Tsai, tain of the Kin Yu and the other four, but
now deceased, stated that he entered the house when it was ended these latter went to catch
first and did the actual shooting. Tung Chung the morning boat to Hongkong, Witness did
accompanied him. Tsui Fuk and the prisoner not go to Hongkong. On the afternoon of remained outside. Three of the gang received 10th January he saw the brave again, four
the greater part of the money reward; these days later his brother, and after that Tsui.
were the prisoner, who got $2,000; Lam Tsai These three and the prisoner with others were $2,000, and Tung Chung $2,000. He did not living in Li Ka Chuk's barracks for about ton
know what the other nian received. These days.
three also got buttons of the fifth rank, along with about twenty others. Witness saw two of the diplomas of rank, one in the possession of his elder brother Lam Tsai and one in the possession of Tung Chung. He produced and identified
The hearing was adjourned at this point, and bis Lordship directed that the jury were to be locked up for the night. Accommodation would be found for them in the Hongkong
|
that
brother; it bore the date 30th January, 1901. The patent was scaled with the viceregal seal of Viceroy Tak. It stated that Chau Tai Oa (the official
name of Chan Lama Tsai) had exirtel himself in the arrest of the leader of the Ko-lo Society and other members of secret societing and great credit was due to him. His brother Lam Trai showed him the patent of his rank when he received it. Log before he got it he told the witness that he was going to get it for the shooting of the reformer Young Kus Way. After his brother showed him the diploma they went and worshipped jose to give thanks for the receipt of the diploma. After reading through the document, witness asked his. brother what the words Ching Lung Tan
his meant, and
brother told him these words meant chief leader of the rebellion* and referred to the deceased Yeang Kuo Wan. His brother had not been concerned in the arrest or assassination of any other revolutionary bat Yeung Kue Wan. He got special instructions to carry out this murder. After his brother's death, witness got possession. of his brother's papers including the diploma, through his sister-in-law. After his brother got his rank he was put in charge of a war-junk and was in that position ap till the time of his. death. After he stayed with the gang in Li Ka Chuk's barracks he next saw the prisoner between 19th February and 19th March at a place called Pun Pa near Canton; prisoner was then wearing a button of the fifth rauk and was ou board the flagship looking after odds and ends Prisoner afterwards went home to
his sweetheart in his country. Witness next saw him in his (witness's) house in Canton about 3rd August. About the same time he saw the prisoner on board his brother's junk. His brother wus executed on 25th September, 1901, Subsequently he did not see the prisoner antil after his arrest, Prisoner bought a wife at this time.
Cross-examined-Before the death of Young Kas Wan prisoner was nuknown to bim. Prisoner was not present at the house of his brother and at. Li Ka Chuk's barracks in Canton. It was Li Ka Chuk who instructed his brother to carry oat the murder. He first saw prisoner. at the barracks after the death of Yeung. Kue Wau. Witness's brother said in the barracki that the prisoner ran away when he heard, the shots.
Re-examined-He did not see, the order for payment of the $2,0 10 to the prisoner; he saw the orders for the payment of $2,000 each to his brother and Tang Chung.
Kong Ngau Ying, a fishmonger from Yaumati, deposed that he first met the prisoner on 8th January, 1901, at West Point with Lam Tsai and others There they went into a brothel. He knew Law Tsai. Afterwards he learned that two of the others along with the prisoner were Tung Chung and Tsai Fuk. He saw prisoner again on 10th January at West Point in the Street long with him were Chan Lam Tssi, Tung Chung and Taui Fuk. They took witness to an eating-hous. After that they went to the house of Ng La Sam, whom he had known. Li Chi Tin, between tan and twenty years. secretary to Li Ka Chuk, was there; also a mau named Young Ching Kai, captain of the Ai Yu Li Chi Tin asked him whether he "wished to go or not."
Witness asked "Go where P" Li Chi Tin replied "To go to shoot Yeung Kue Witness said he was not going, Pris Was." oner and the others were all present. Li Chi Tiu then said "Why don't you go? there is a reward of between $10,000 and $21,000 and you. will get au appointment as a mandarin"; adding that the reward would come from Viceroy Tak. Li Chi Tin explained that Yenug Kue Wan was the emperor" of the Waichou rebellion. The others agreed to go, namely, the prisoner. Lam Tsai, Teui Fuk and Tung Chung. The gang theu left the house. Witness followed them up Gough Street and Aberdeen Street. Tani Fuk stood in front of Young Kue Wan's house at the corner of Aberdeen Street and Gage Street, and remained there throughout the proceedings The prisoner walked ahead of Lam Tsai and went up the flight of stone steps at the back of the house entering on the lane, Lam Tsai and Tung Chung walked towards the stone staps and at the bottom of the steps prisoner camo, down. They appeared to be talking. Then
be su
CHINA OVERLAND TRADE REPORT.
293
371
diuing prisoner said Some time ago I asked, bo was. If it was true that the officials in you to do a certain thing and you were afraid; Cauton made this plot it was no defence to I am a mandaria and have the prisoner that they had not now standing look at me now. money to spoud." Prisoner toll b-m that they before them in the dock these officials from Lam Tsai di-ith Canton. As a possible explanation of the long had killed Yeung Kue Wan. actual killing aud prisoner acted as a watchman, silence of the with sses and the sudden giving Cross-examined--Ife was afraid to give in- of information he might point out that the formation about the plot as the prison r brother of one of the witnesses-Lam Tsai who, threatened that he would be beaten to death committed the actual murder-had been beheaded if he told angone.
by the Chinese Government for having been found in possession of a letter from Mr. May, the then a ad of the police in Hongkong, and that it was not unnatural to suppose that the deceased man's bro her in coming forward to give evidence might be notuated by the
Sergeant E. O'Sullivan stated that he wide the arrest acting on the information of Wong hing. He did not know how Wong Shing came to be in communication with the police. When the prisoner was put in Victoria Gid he
His Lordship directed the prisoner to be asked if he had anything to urge why sentence- should not be passed upon him?
The Prisoner replied that he did not do it; be had nothing more to say.
May 23, 1903.] prisoner stayed at the bottom of the stops and the other two went up the stops Shortly after thes two men went up the lano he heard a few shots from a firearm coming from Yeung Ku: Waa's house. During that time prisouce remained at the foot of the steps. Witness was standing in frout of a grocer's shop From there ho could see the in Gough street,
When he steps but not the door of the house. hard the shots he saw Lam Tsai come out of the lane, followed by Tang Chung. They went dowa Abardeau Street. Prisoner followed them. Tsui Fak weat last They all went down to the Praya, walking quickly. Witness followed them, Three of the four went off in a sampan. He did not know what became of the fourth. From the had seen none of the witn sses but Wong strongest of all passions, revenge.
The jury retired to consider their verdict at time of the shooting until he saw the prisoner | Shing. Some days later prisoner was par ded
umong 13 others for identification and was iden-4,50, r turning to the Court at 5 o'clock; and in the gaoi he had not seen him. Cross-examined--He had
making thed by Kong Ngau Ying. Some time later the Foreman aunounced that the jury unani his living by selling fish for three months. there was another identification. The witnesses monsly found the prisoner guilty.
for Before that he was a brothel keep r Chun Wan and Tam Chung ideutified him batween ten and twenty years. He was forty-
sopara ely; Chan Chung also identified him.
This closed the evidence for the prosecution. four years old. He did not give information to
Mr. Morgan Phillips said he did not propose the Hongkong police about the plot to murd
Fro to call any witnesses for the defence. Yenng Kue Wan because he was afraid of the Chinese Government. He saw the men going ceeding to address the jury he said that is Lordship addressing the prisoner said-be into Young Kuo Wan's hou e to shoot him, but within his experience he had dever is a murder ha i been found guilty of the murder of this mau he had no time then to report the matter to the trial heard evidence which was so weak, so false Yeung Kue Wan. If when he said that he did police. He did not know either whether the and perjured. It hd boar conclusively proved not commit the murder he meant that it was not men were actually going to carry out the plan. that the actual murderer was Chau Lam Trai; by his hand that this man met his death then
to the jury might come the conclusion his statement was true. The charge against The reason why he did not give any informa-
that the accused was somewhere near the him was not that be himself did the decased to tion to the police after the shooting was that at
scene of that murder and if they did death but that he ws one of a gang of four meu that time the police wore relieving each other. The first information he gave to the police in they had the ovidenes of Chan Lam Tsai's who went to his house for the purpose of killing esunection with the matter was when a sergeant brother that prisoner ran away when the shots him and did kill him The evidenc) was that cams and asked him to identify the prisoner.
were fired. I had been proved that he was not the prisoner with Chan Tam Tsai and two Woug Shing, fisherman, stated that before the real instigator. The real instigators, the others went to deceased's house, that he re- the murder he met the prisoner, who asked people who encompassed the death of Youngmained with another man outside to watch, KneWan, were the viceroy of the two provine 8, that. Lum Tsai and another son went into the him to assist him in shooting Yeung Kus Wan. He refased. Prisoar then asked for
Tak, Li Ka Chuk, the military commandant house, and that Lama Tsai shot the deceared. of Canton, and his two lieutenants. He did not The evidence also was that for some consider the use of witness's boat for the purpose
know whether any diplomatic steps had bosn able time previous to this he had been end savour- of kidnapping the deceased,
taken to punish any of these poople, but these ing to get persons to assist him to either cap- but his partner. A. Sam promised. At that time it was mentioned that there would be a reward
were the persons who were guilty of the murder ture and take back to Canton this man who of Young Kne Wan-uot this wretched coolie was killed, or, being able to +ffect his of $5,000 if Young. Kas Wau was killed and
who was before the jury now,
capture, to assist him in killing the mun. $10,000 he was captured alive, the reward
part he took therefore was well- considered to come from Li Ka Chnk of the Chines Government. Their boat come across to this
and deliberate, and in law he was regarded by the acts that he performed is a principal equally side on the morning following the day upon
with Chan Lam Teai. By the law of this country which the conversation took place. On the next day he saw the prisoner looking at the boat,
every person who was a principal in causing Pen nighto lažnu knew him gga u Prismer
the unlawful death of another was guilty of came off in a sampan. On that occasion be
murder. if he was acting in concert. called for A Sun to let him have a bantis of
penalty imposed by the law of this country upon clothing that he had left on board the boat. Pri-
persons who committed wilful and deliberate- soner said, "We have killed Yeng Kus Wan
murder was death, sad prisoner had been found w do not need. your boat; you can go aud
guilty of murder. It was his Lordship's daty secure business," He paid uo mour, saying
now to pronounce the sentence of death upon him. Prisoner then weat away in the same sampan; he appeared to be frightened. Ton or twenty days liter he saw prisoner at Canton. He along with his fokis was walking to the theatre in Honam when he met him. Prisoner said he had not yet got his reward from Li Ka Chuk and could not pay him. Witness saw prisoner at Yaumati last year on board a junk. Last month he saw prisoner again and give information: to the police which led to his arrest.
that he had none.
Witness refused,
The Court adjourned at a quarter-past ons o'clock for an hour.
The
The
The sentence of the Court therefore was that he he taken from hence to the place from whence he came and from thence on a day to be herefter fixed to the plase of execution; and · that there he be hanged by the neck until he be dead, and that thereafter his body be buried in such a place as the Governor may direct, and 'may the Lord have mercy on bis soul.
As the prisoner was removed from the dock he exclaimed. "It is a false accusation."
The Acting Attorney-General said he wished to draw his Lordship's attention specially to the services of Sergeant O'Sullivan who had had charge of this case from the beginning and had collected all the evidence in the case.
The Acting Attorney-General in addressing the jury said his friend on the other side had asked every witness why he did not tell tha police of the plot to murder Yeaug Kne Wau, and each one had answered that he was afraid of the Chiness Government. And were they not cafe under the protection of the Hongkong police? he asked. This case was au auswer in itself. Young Kus Wan was not safe nuder the protection of the Hongkong polico. It was questionabls whether eveu nov the lives of the witnesses who had given evidence were safe; it was a matter which it was better perhaps not to go into. Considering that the evidence had ben collected piecemeal by the police it was remarkable how the stories of the various witnesses fitted into each other. Then it was noteworthy that the prisoner had called no witnesses. Supposing him innocent, surely he could have produced evidence to meet some of the miny statement of the prosecution. For example, if the official rank was conferred ou him for some proper reason he could prove it, and if it was not conferred on him at all he could prove that.
The Acting Attorney-General Chau Chung, fishorman, Yaumati, said he had then reviewed the points which had been known the prisoaur for several years. He fest raised for the defence. The prisoner's or met him on the marriage bat there. it wasganisation of and participation in this daa- on or about 1st November, 19 4 Prisonsgardly murder for the most sordid of motives, asked him to go on shore with him to driuk mere money to be gained, had boon proval tea and smoke opium. In the opinm divan es conclusively as it could ever practically prisoner said Young Kue Was was the be, baving regard to the renmstances which ckist rebel and the hines Governmout necessarily enveloped such crime. bad offered a reward of batwosu. Sk4,900 and
His Lordship in summing up sail the ori 320,00 for his capture; would wits assist tio sm by the defence of the evidence for the him? Witness refused, saying he had got the Crown was based on this-that if it had been courage. Prisoner said he did not need to be tras the witnesses would have gone to the afraid, as he would gst a reward and the police or ought to have gone to the police and Chinese Government wouki- protect him, so saved the man Yeung Kue Wan The reward was to come from Li Ka for the jury to say whether or no their silence Chuk. Prisoner said Yeung Kne Wan was sufficient in their opinion to destroy As regards lived in Hongkong. Witness saw the prisoner the value of their testimony. again on 28th Dao mber, 1993- On that the law, if two men combined to murder a third
At Pingiu over 150 people were recently Occasion prisoner spoke about the murder of and together went to the house, and one went Yeung Kne Wan and asked witness to assist into the house with his revolver and shot the burned to death while worshipping in a temple. bim, Witness refused. Prisoner repeated man while the other remained outside to keep In burning incense and large quantieres of paper, that he would be under the protection of the watch they were both guilty of murder. No the staircase of the building was sat alight, thus Chinese Government. He lent prisoner a witnesses had been called for the defeuce. The preventing all escape. See jumped out of the dollar and exchanged his new shoes for pri jury would be justified in accepting it as windows but were crushed to death on the stones. He next mot prisoner in a fact that he would not have been able Others would bare jumper but the rush was so Canton about 19th January and accompanied to call witnesses to prove that he was not great that they could not get out. Most of him on board the Kin Yui. While they were in Hongkong at the time witnesses said the victims were burned hyond recognition.
soner's old ones.
It was
1
His Lordship asked what farm his notice could take.
The Acting Attorney-General replied that: bis Lordship might commend him. If he saw fit to commend Sergeant O'Sullivan's conduct in the case any comtaondation coming from the Bench would probably be given affect to.
His Lordsbip said that nothing had come before him to show any special acts on the part of the police. But he took it from the Acting Attorney-General that the Sergeant's conduct was such as deserved worthy com. mendation and he commended bim accordingly
The Court adjourned.
4.
No comments yet.
Private notes are available after approval.