March, 25th, 192]
man in grey clothes went up to the mov, ing ricksha, lifted the flap and fired. While the ricksha was still moving, the three men who had un out from Wardley Street decamped through Wardley Street, and were joined by others standing near the enclosure. These men ran on either side of the Queen's Statue.
`CHINA' OVERLAND TRADE REPORT
The prisoner explained that he and these two men caine through Wardley Street on the pavement adjoining to Bank Garden; he said there was not much room in the road because of the pillars and be cause of the other people running. Two other men were also running behind him; they overtook and passed him. They were They were there joined by the prisoner running at an angle to his track and who had been standing near one of the came on to the pavement by the Bank large pillars in Chater Road. A man Garden He did not follow those two working there would prove that the prismen after they got in front of him. oner was standing there and would also say that he saw the European. Of the running men, two took the lead up the pavement by the Bank Garden, the pris oner followed next, and then Capt. Mor- gan. The prisoner was, in fact, chased by Capt. Morgan up the pavement of the Bank Garden.
A man working on the Bank Annexe would say that the second of the two men referred to as leading at this point, took out of his hat, which he had in his hand, a revolver, flung it into the Garden, and then turned, right, into Des Voeux Road, at the same time putting his hat on his head. Others of the running men also turned right and those who came up next, including "the little man
(the prison.
er) went up Wardley Street.
THE PRISONER'S EVIDENCE. Mr. Jenkin then called the prisoner. He said:
My name is Leung Wo; I am a ship's cook and coolie. My last vessel was the Kong Chau. I left here when the strike began and stayed in the Hongkong and Wuchow steamer employees guild club house for between ten and twenty days. Then I went to the country, to Chan Chun. I stayed there from Feb. 2nd to February 22nd when I went to Canton and passed the night of February 22nd there.
I came to Hongkong by train on the morning of the 23rd. I stayed that night at the Club. On February 24th, I went out after 10 a.m. (I came here to look for work.) I knew a man named Ah Cheung, employed as coolie in the Naval Yard. He told me I was not allowed in there and I was to wait for him until he
came
out to his tiffin. I went to Stanley Street to have my rice at 11 a.m. I went from the Central District to the Praya. I went down a steep road by the Central Market to the Praya, and walked in the direction of the Naval Yard, along the Praya. I do not know Hongkong well.
"
"}
and he followed three or four of them. After this, seven or eight men came up The prisoner said he also noticed several men following him but he did not notice any foreigner. When he got to the tram lines he went up a narrow street (Wardley Street).
THE PRISONER DESCRIBES THE ARREST.
66
a
"In this street," said the prisoner, man in European clothing pressed me down."
Mr. Jenkin: When you were running else in the Street? up that narrow street, was there anyone
Prisoner: Those men had run away: I was alone there.
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33
The Attorney-General :: I gather not, my Lord. I do not want to state the evidence but 1 consider it very material that he should be called and I ask your Lordship for leave to call him.
information a few moments ago and in Mr. Jenkin said he only received this
the short time at his disposal he had asked his learned friend Mr. Potter to assist him in looking up the legal posi- tion. As far as they could find there was no precedent for fresh evidence being been closed and the prisoner had been put given after the case for the Crown had into the box.
The Chief Justice: The time to tender fresh evidence is before commission?
Mr. Jenkin: At home, it is, although
in practice here, fresh evidence is served in the course of a trial. I have had it in this trial, but of course it was during after its conclusion. the currency of the Crown case, and not
The Chief Justice asked Mr Jenkin if his objection would be met by an adjourn- ment to consider the evidence.
Mr. Jenkin: The nature of the evid. ence is such that I should be able to cross-examine upon it at once. My objec tion to it is on principle, that it is con- Mr. Jenkin: When you entered it, trary to the established practice of were there any others there?
Prisoner At first; yes. Two or three men. They were Chinese and they dis this time his sight was "agitated" and appeared. The prisoner added that at he could not see clearly. He was dazed. time he was about to cross Des Voeux Asked further as to incidents at the Road, he said that two of the running men went "towards Central Market an one towards Wanchai." By his sight being agitated "he meant that as he ran dust was blown by wind into his eyes.
Court to the jury box in order to show The prisoner was made to cross the the jury that he had two projecting front teeth in the upper jaw, which, Mr. Jenkin remarked, would help people to identify him.
At Mr. Jenkin's request the revolver in The prisoner said he had no revolver. Court was handed to the prisoner and he was told to put in his pocket, which he did. ( was then taken from him again.) Finally, in reply to a direct question on the point, the prisoner said he shot
no one.
NEW EUROPEAN WITNESS COMES FORWARD AT THE ELEVENTH
HOUR.
criminal courts to admit such evidence.
The Chief Justice: The court in naturally very anxious that the jury dence before it that could bear either on should have every possible piece of evi- the Crown case or the prisoner's. So far considerable, at as my experience goes--and it was very
cases --
one time, in murder I have never heard of new evidence being tendered after commis- sion except at the request of the Court.
The Attorney-General said that he did not know of any decision which made it obligatory on the court to refuse the permission to call the witness or for his evidence. He repeated his request for Lordship to call him on public grounds. In his experience, the Attorney-General added, he had never known an instance
where fresh evidence had come along after the Crown case had closed.
Justice,
"That is obvious," retorted the Chief "because as a rule the police ascertain all the evidence that is avail- able on the part of the Crown and call it before the Magistrate.”
His Lordship went on to point out that the case had been fully reported in the Press and people who could tender evi- dence should come forward. Speaking generally, it seemed to him that they might be creating a very dangerous pre- cedent.
M. Jenkin urged that the Court apply A surprise was sprung when the Court to the case section 68 of the Code of assembled in the Praya Murder trial Criminal Procedure which authorises a on March 22nd. Instead of Mr. Jen-judge to reserve any point of law for kin continuing the case for the defence, argument before the Full Court, the trial as would normal y be the course of meanwhile proceeding in the ordinary events, the Attorney-General was the first way and the validity of any conviction to rise
being contingent on the Full Court's decision with regard to the point of law.
""
STANDING NEAR THE STATUE. When I arrived near where a pier was being constructed I turned into the place where the Statue is. I had never seen it before. Near the Statue I was watching people plastering the rillars, when I heard bang as if it were a cracker. I was on the right side of the Statue with my back to the Praya and my face to the hill. I saw two men (
running like fying."
My Lord," said Mr. Kemp, a rather In reply to questions it was gathered unusual thing has happened in this case. that the prisoner meant
very fast."
This morning at about ten o'clock a He continued: They ran past me, to gentleman from an office in Queen's Build wards the hill, I turned round to the sea ing came to see me and made a statement side to look and saw seven or eight men in regard to the facts of this case. He running from the direction of the sea. I told me what he saw. I have had a heard no cries. When the seven or eight statement taken from him and it is now men came to the Statue they ran on both being prepared. I have told my learned sides of it. As I saw so many people friend and have also told him that I feel running, I also ran-on the side of the it my duty to ask your Lordship for road I was standing on. I was following leave to call this additional evidence, -three or four men; they ran and I ran. which I think is very material. There When they got to the, tram lines they were two other persons employed in the divided.
. Mr. Jenkin: Where did they run?
Prisoner: Some went in the middle of the road and sone on the side of the road. The two men who had run very fast. past me, ran up the street and dis- appeared.
same firm on the same verandah at the time. I have seen one of them and I do not think he can add materially to the evidence. The other one I have not seen. The Chief Justice: The gentleman in question had made no communication to the police before?
His Lordship said it was a point which should properly engage the attention of the Full Court. He proposed, he intimat- ed, to confer at once with the Puisne Judge "But have great doubts." His Lordship declared, as to whether I ought to take is statement."
The Attorney-General said that the whole question was one of prejudice to the prisoner. If the evidence was admitted Mr. Jenkin could open again and have an adjournment if he liked.
Mr. Jonkin pointed out that in view of these statements being made by a public officer of the standing of the Attorney-General it was just possible that the jury might think that the evidence was of great import and if not admitted might affect their minds unconsciously as they might think that, by a technical
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