CO129-324 - Governor Nathan - 1904 [10-12] — Page 361

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suggestion in the case.

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There remain A., E., and C.

A. 1s fung Cheong, who in the opinion of the

Attorney-General should be charged with murder, as being one of the

gang which was present at and actually perpetrated the murder.

The evidence against him, so far as it can

be traced fror the Judges' Notes, is as folicas:-

Fage 10: A witness named Chan deposed that according

to statement made in his presence, the murder was arranged by the witness' brother and other persons, of whom A. was one; that it was actually committed by his brother and by A., and that they both received rewards for it, as did the man Li Kaal Han, who was convicted and sentenced to death at Hongkong.

Fage 12: Another witness closely connects A. with the murder, but this witness is unfortunately dead (Kwong Ngau

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Ying).

Fage 15:

Another witness shows that A. was intimate

with the man Li Kwai Han, already executed for his share in the

murder.

The above seers to be all the evidence against Tung Cheong, and it appears strong enough to justify a demand for his trial.

B. and C. The evidence, in the opinion of the Attorney- General, constitutes a strong case against these two persons of

conspiring to murder together with Tung Cheong, Li Kwal kan and Chan Len Isal, and he considers that there is more evidence to support the charge of conspiracy than that of being accessory before the fact.

b. is Yeung Tsing Kai, Captain of a Chinese Gunboat.

Fage 7: A witness deposed that he met on this Gun- boat, the man Li Kwai Fan, who was tried at Hongkong. The date was a few weeks after the murder. But he does not say that the Captain