1906-10-26 — Page 3

SUPREME COURT.

Taraday, October 25th

IN CRIMINAJ. JumspieTION.

BEFORE SI FRANCIS PIGGOT ¡Chief JustiCE).

THE BUIRERY CASE: ACCUSED ACQUITTELL

The trial was concluded of Friscis Ward, sanitary inspector, who was arraigned on charges of bribery and intimidation.

The came jurors were again empanel) As before, the Attorney-General, instructed by Mr. PB-L Humley, Crown Solicitor, pro- send, and Mr. M. W. Slade, jostritted, by Mr. E. J. Grist (of Messrs. Wilkinsoa ant Grist; represented the ageuseri,

THE HONGKONG DAILY PRESS, FRIDAY, OCTOBRE 26μ¤, 1906.

ably probable they were correct; therefore, to be a substantial doubt. If, on the other this case. Whenever I jaterrupt him I am the witnesses who alleged that he paid the hand, the jury, after reviewing all the facts. | told I am proleoling the witnesses. It is not money at eleven o'clock on

that day, had laid before them thought there was no doubt in fair, rausonable or proper. entered the box and told a deliberato falsehood. the matter they should find the prisoner guilty. The Attorney-Gonorst, addressing the If that were so he thought the jury roald Though Counsel might get up and say that jurore, said that at the outset of this case the hasitato to giro much credence to his evidenco į witnesses were apparently vispsoluble, and that jurors had to remember ono very important with regard to the bribes he stated he gave at evidence was apparently correct, yet the jurors thing foamely that this charge was the result I o'clock on a sorios of other days previous should remember that memory was treacherous of the seizure of Chan Tru's books, unexpectel to that. The accused man swore he did not If the avidance overweighed the balawou against by him and unknown to him. It was also receive the mouny, whila-Chan Tub, the only the prisoner, there was no doubt. It was for important to remember that Chan Pai.and his. person who know, aworo he did, and Coaniel (the jury to hold the aisles und see which way you were not in Court as volunteers. They wore submitted that them was not a single fact the balance went; for them first to sift the present, as might ba supposed, very regretfully which corroborated Chan Tean. With regard ridence, then to waigh it and see whether on and most unwillingly. They were not pro the side of guilty the weight went sufficiently socutors but nowilling Crown witnesses, and the to the question of corroboration, it

down. If it did they should find the accused jury should remember that whon giving their absolutely sad utterly immaterial wist the

verdict. If the jury believed that Chan Taun character of the acessad was, yet it had not guilty.

But The Attorney-General My Lord, irst of all made the entries relating to the nonusal in his been proved that he had a bad character. Javea : he Eag boot guilty of inumerable crimes, that was not proof of Chan Tms story. It was us inful to put before juries any charges if which an ecuard person might have in

Mr. Slade, before addressing the jury; referred bis Lordship to the case of the thuren v. Forler with regard to enroboration, and said the ruling had ben qasted with approval again not again that it was the duty of a presiding judge to instruct the jury as it was instructed in that caso,

His Lordship-I gather from the euro that I have to direct this jary as to whether thing is any evidence of corroboration or mod.

Mr. Slude-The case goes Infther then But, It manst be corroboration in a material partientar identifying the prisoner with this crine with which bo is charged. Eu this case there is no

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I must call your Lordship's attention to the book, it would be for them to say whether they CANADIAN CLUB WHISKY,

|

believed that the money was paid over.

His Lordship--I would peint out this fact to the jury that those books-are not sévidence,

legal point taken by my learned friend at the comencement of his address, and which bo submitted you should withdraw from the coa

The Attorney-General, continuing; said the sideration of the jury, that is, the ovidence which may be afforded by the bank accouat of books were evidence for what they word werth, the prisoner. My friend put it upon the ground bat berlid not want to be unfair. It was, however that to admit that bank account would be to very important (bat the jurors should remember adwita thing not admissible on this trial because what be asked them to, becane Oban Tenz made the undries before the Commission was thought in no way connected with it,"**

Mr. Slade-Your anggestion is that bo of, and why should he do that? As to the engges- Lion Ford by $r. Slade that these entries wore obtained the money by aqueezing.

made by Chan Taun to cover-up defalcations, that would be aureasonable. He was the only sox of Chan Pui, and could spend aaney just as he pleased Mr Ward had been driven to desperation when he suggested such an ex- Whether the explanation planation as that.

was or was not that given by Chan Tour, it was certainly not that offered by 31n: Slade.

Mr. Slade-I am taking a legal ohjuation, and would use his Lordship to ask you to sit down.

found guilty in tree toderido a caża bfore the Court: it was not law to live that brought forward and toed as an argument against him, In spite of the learned Attorney-General endlony, aring, to blacken the character of the scoussel, in cross-examination, Counsel asked the jury to deal with the charges murely on the evidence of fact. They had- also to take inte

The Attorney-General-That in my point, consideration the manner in which the witnesses told their stories: What was the oxidomos with and this is only tactics, my Lord. My regard to geiling a witness from the Colony friend has made his address to the jury, and to keep a from attending at the Comput his case well. and I told the jury that I corroboration connecting the acense with this particular offence. Thuenly corroboration which | mission? It was charged against the ageukest concurrel with my learned friend in his con- the learned Attorney-tieneral lus yet hinted at that he edenstairs to try to persuade Chaneluding remarks. It is just as well he should is the corroboration aforded by the prisoner's Tsun, one personally and twins through the sit quint now, and allow the jury to hear what own bank book. Your Lordship will ruber medium of his father, to get away from the the public, represented by me, have to, say-in the cross-examination of the learned A.torney. Colony. With regard to all this there was respect of this charge. General. He did not in the first place denk with direct evidence in contradiction of

witnessed stories. At the time when he was any date or any entries made on datos on which the prisoner was accused of having received alleged to have visited the father's house, for a voted considerable Tie before and a long time after, money. His cross-examination was

he was on Green Island. If the jury had grave

Mr. Slade- I submit the Attorney-General is entirely, and in direct opposition to flu forins

going absolutely beyond bis duty as representing | of the Statute, to showing the man himself out with regard to the evidence on that

the Crown, or in conducting a private proseCU- be a bad character und guilty of sqwozing. It charges gravo discredit should be thrown on the

His Lordship-Ithink it lies on you to show it.

tion, no matter how desirous be may be of is quito obrions that if Counsel for the Crownest of the avidenes of thow witw'sses. When

The Attorney-General-My friend charged obtaining a conviction. His duty is not to refer the censeal at Chan Pui in Sao Te Lau», tieli barately contravened the Statule, I cannet.

Chan Tann with making false allegations in his address to the jury to anything not intorven; bucaire, if I de, the tiference is what ho was alleged to Ivo, said, and promptly. immediately drawn that I know of something was a question which the Registrar himself against the prisoner and making false sentis induct-in esidency. there was his last state- Was it his books to mover up his own shortage. He says went when I got up to interrupt him about an which I with to couceal. I must allow the said he did not quite understand. cross-examination to ge on, and ali w the out likely that the necused, who had not passed his that Chan Taun put his hands in bis father's fill mutes of payment of $39 in one of those books,

That ought not to be done.

to bo questioned. The Statute is imperative. it anys that a prisoner shall not be naket unit shell not required to answer any question tending to how he has committed or has been convicted of or been charged with another cffence. When, of course, such questions are naked, counsel for the defenc@practically not chjust. The cross-exa, ution of accused on his bank book was apparently for the purpose of

showing that he had aeqused a considerable sum of money by illegitimate mans. The Attorney-General 'ased words which accused the prisoner of being guilty of "queezing Thin mananay inve been guity of very ettenco in the decalogne. For of every uffelice known in the Statutory of England, but even if that were proved against him it would not be corroboration of any material offence related in this charge. This is a

curtain dates. It is a matter of law that the general inference of bad character which the Bearned Attorney-General dins from the cruss

Drone

first examination in Chinese, would be able to understand a remarks which Mr. Komp, after many years study of Chinese and after pasing four ramiuctions was not readily able to under stand? I was highly improbable. Although the accused Ind be a long time in the. Colony he had not had the advantage of cadets who joined the Civil Servies, of spending a number of months in Cantor for the sole purpose of haring the language. On the other charges alleged to have been committed at the district how the offics, the jury would remember witness for the prosecution behaved ander When the speaker asked cross-examination, tim, a straight-forward question he got vary au happy. After a little pressing he adruitted that Inspector Connolly had spoken to him with regard to the issue of lime, but absolutely denied that on that day or shortly afterwarde avy lime

Mr. Slade-I stall remain quint until my learned friend goes too far, then I shall eertuduly interrupt him.

The Attorney-General-I understand from my learned friend that he would ask the jury not to use the prisoner's banking Recant against him.

His Lordship requested the Attorney-Generat to be seated, and be submitted.

His Lordship (to tho Attorney-Genorai)-I think you are going too far.

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*You quits understand why dearer silver valuable dollar, do should mean you"? The B-oker smiled. “But you want me to explain why thors should be differences of exchange when you turn a sovereign into you, or into fraus, which you base noticed is

The Lady andded, the case."

"You are right in thinking yen and francs have standard valupa, just as the sovereign has. Fig secret of their differing values in the etchings list is 1ais—but did you ever send anyone a proseat?"

Somewhat surprised, the Ladly-stil: "0f{ {'course I have,”

Well, suppore -yon sout mo a sbilling tie by put, what would that present cost you?"

Ah! I seo. One and a peony, of

Course".

and took out money, and then deliberately. instead of debiting himself with it debited it against the prisoner. If I chose thu ta give

The Attorney-Coneral-I was only saying vidence against the character of the prisoner, I end call any evidence I like (quotes authority that this para had-sworn that at the time of My learned friend must not think that he has

payments he had made a note of such payments. A free tougue; that he can sit on witnesses

Continuing, the Attorney-General said the Exactly. Now we have a elus to the secret, Le pleases.

Ho for the prosecution as

the whole reason for Chan Tann's making loans If you owe one pound to a London shop, you debt here without must not think that because Chau Tau is

to Warl was to secure is good offices; he cannot discharge your not English, because he is not a white man, wanted to influence his conduct. The man was trying a little more than you really uwe. because he is a Chinaman, that he is free to pass a Chinamon, and the jury would have to con- Exubnoge differences represent the little more. any remarks he likes up him and that Tamer, with their knowledge of that race azul its Supposa Importer A. in Hongkong owes to be silent a together. That is not the case, enstoms, whether that was an alkoly thing for Exporter B. in Loudon £100, and thut and he will never find it is the case a drug na

a Chisaman to do; whether it would be aplikely | Importer C. in London owes Exporter D. I stand to defend the cause I am here for, the for him to wish to propitiate an inspector. in Canton £160 .......... cause of justice. There shall be no such cicaure apon facts to be submitted to the jury for their consideration. My learned friend quoted a case which is not law to-day. There is a ister

Rhodes, Q.B.D. which was directly opposed to it. I am going to put to the jury that the account of the prisoner, which he has not explained, taken with his salary, shows he had an illicit system by which he supplemented his income. Ws allege that the account in the Sarings Bank is in one sense a The Attorney-Genera!-No. He said it was bogus about, as it is not made by savings of

the prisoner's salary. beatly issued.

The Attorney-Geuoral then asked permission to hand the jury copies of acoused's bank gooount and his pay sheet, after which he

The Lady was by no means dull. "How delightfully simple,” she interrupted. "Then C. could pay B., both in London, and

(thoughtfully) "there would not be any of that little mors to pay.”

specifio charge of obtaining ceriain monies on was inued to him. On that point the Attorney-cege cited in England, the Queen against commented on the figures, and referred to the A. could pay the mau at Canton, But then ")

examination of the accused was noteárroborated, His Lordship One point iu conuolion with the corroborationi. That your argument apply on the secondl count ?.

Mr. Blade-No, my Lord, but of couns the two are so bound together that it is very hard to separate them.

.

General suggested that this was merely a blind for the noensed to excuse the presence of this man in the office: If that led her so the lime would never have been issued, but the evidence was that the lime was issued and signed for,

His Lordship --Is that the evidenen?

MF, Slude--Yes, my Lord.

Mr. Slude And signed for. In continuation, Mr. Slude said he did not think that statement of Inspector Connolly's could be controverted,

Mr. Slade That is no charge.

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and that being the fact dispelled, the theory asked any questions about his account only it show an undue saving. If it was true that Well, a bill, like a banknote, is of an use Liff an intimation to the effect that in its opiniou

HIRE FROM $10 PER MONTH. His Lordship then drew the jary's attention to the relative am mats in each year. In 1904 the

Hongkong, 22nd August, 1996, ' [116. consad's pay was $1.488 and his savings $940; much trouble for the London meu to meet per in 1905 his pay was $1,750 and his sarings $78sonally, or the Hongkong mon doesn't happoa

BRITISH SHIPS AND HAMBURG. in 1906, pay 8825 bank deposite $350. The cash to be thinking of a trip to Can ton. They would draft for £150 which he bought on May 1st pay somebody the little more to do it for them. In shipping circles in Localon last month, was paid for out of tus savings of previous To send the actual money would cost freight considerable interest was displayed in the years, so that was not a deliberate esving in and insurance, and while travelling about, it announcement that a company had been formed, May 1966 of £15.

would not be earning interest. So exchange under the uause of "Shippers" Outside Union The Attorney-Genera? The prisoner was bills are sent iuxtad, aud that is where the Hamburg and the Far East and East Africa. Lines", to engage in regular trading between. reluctant in b ving his aegoant produced, and I Banks come in. You kzor that a dollar is of The Hamburg-Americas Company, which by Do use to you unless you apeni it, don't you? no means approved of the new enterprise, issued: will put it to the jury broadly that the figures in Ward was bribed by Chau Thun, then it was of

not to be seriously regarded, I would the new servies in merely experimental, aud however, that the dy nganisation has managed to secure the use of thirteen British steamers of considerable capacity.

that he crous forward as a blind. By the pridouce of Connolly the witness was directly convicted of falsehood. The witness denied Kelly was in the office at the time, and that ho know him. A suitury inspector who had been bar for five years must have been kunwa perfectly well, and

after shuffling, the witness finally, admitted that be (Kelly) was No. district. Could tha jury that man's word aud find the

The Attorney-General-It is a suggestion His Lordship--The prisoner has not born

with regard to the first item un his loan, therefore at present the dark to how far the figuros do correS- you'l

we

in

The Attorney-General-The figures will speak for themselves.

His Lordship--I do'i kuow; i have not

the utmost importance for him to get that man

cashed, abrierly speaking; but as it happens, it is. Font can buy them. Suppose 5. didn't owe

or of the country. I cannot understand why B. that £100 just then, but happened to do so Ward should bave sont for Chan Tsau to get | a month or two later, and met a man who had chle ide of live when there was none there. a bill for £100 which he had no occasion 10 Dixon (Ltd),

PHY

His Lordship, in summing up, informed thead. He would ask that min for the bill, the management of the jurors that although they had as thres and the man, having to use for it, weald let him they explain that this is not the ear, and th days on the case, he thought they would have if for £100, But suppose the man with the they are only consider

provisionally

It has been stated that Messrs. Harris and

of Ludos, bare undertake

Fines, but.

interested to the extent made any comparison.

the time had not been wasted, £100 bill had another fe end about to send too that some of their stammships have be

charteret. The Attorney-General-I will, before the

The Humburk They had to perform a serions publie duty, to London. He would not koow whica friend American vircular does not suggest that the jury.

have to give it to. Both needed it, and to began scheme is of English origin, apparently Mr. Slade submit my learned friend and as special jursex would not ranaut refer to any other figures than the been called had the cass not been of consider to make him bids for it. Do you follow me attributing it to the firm of Mesars, F. L and Co., of Tambung, with which it is able weight, as the offens must aarious Then he woull give it to the one who bid nost. now proposing to compets in the Scandinavian mentioned. Don't do anything irregulur.

oe in noaucetion with the sanitary administra That is supply and à mend, as we call it. There trade. contention of thisest the back of the Hi Lordship--I think it is perfectly tos. On the other hand, the jurors found are so many people sending money back and

S

point, or if they had a grave doubt, it would be / Chan Pui regarding the detrils of the business regalar, bat it should have been put to tha the prisoner not guilty and he was acquitted, ¡ forward that s-liing money is quite a business and ture is that the trade between Ha

prisoner first.

i

Addressing the jury, Mr. Slade said he hardly: needed to remind them of the imperative rate of English law which would be referred to by the Attorney-General and his gdship, that the prisoner could not be found guilty at any ebarge muule against him unless it was proved beyond all reasonable doubt. There were six- charges of bribery and charges of trying to keep a witness away from attending at this Commission. The witnesses who defused to the facts connecting the prisoner with those charges ware Chan Pri and Chan Tsun,

take father and son. Their idence was the only evidenco directly connecting the sensed with accused guilty of this most serione offence? this use. The verdict of the jury would depone Another point to which he would refer was the entirely on the credit they gain to the incidence of the mai.named, Wong whom the evidenco of theso witnesses. If they found ite witness had never seen before or since the evkience of those men untrue in any aizterial specitind occasion. When the speaker asked

Harbury the Far East admit of the establishment of zw servicos,

sufficiently extensive to his answers were given shortly, sharply and

Another new departure appears to be you- their duty to acquit the seensed. What was

The Attorney-General--I did. I asked the they would be p rforming a most important in itself."

Thou that oxplains why the anks take care templated in the trade between Germany and the evidence of those two men which it was promptly, but the moment he began to crcus,

prisoner was it his own account, and be said it duty to a fellow citizen in excuerating him from possible in any way to meet? It was obvious unsatisfactory the answers wore, and it was

examine the jury would see how eminently was. My point is this: take the pay skeets which very serious charge. The two offenses his of your money without charging you anyth ng the West Coast of Africa, which has bitherto

Lordship said were distinct, although at a cur- į said the Lady.

bear a practical monopoly of the Wourna Line show the prisoner's income, and take the tain point the jurors would so that the evidence that if a person chers to make a change of

Charging you! Why, they pay you for those it possession is disclaimed, but the threat- Here, gain anything like hostility to similar with his son. It was koown for a wan bribery, against another, and put it on a sufl-who wanted to put a little money in his own pocket prisoner's bank account for a corresponding crossed. They should obliterate altogether letting them take care of it. They send it lackened competition enmes from Germans dias siontly remato date, that it was almost impos

period. One does no justify the other.

Mr. Blade With regard to that, my friend from their minds the fact that there bail been a and forward, you see, in the form of these bills. selves, who presumably think that there is room -sible for the recused-to-bring-forth a doviab

is not entitled to do it. He had the recused in the inquiry of that Commission the accused travelling, they give gen somebody else'x"

Commission, and that as one of the results of If when you want it, yours happens to be Bribery was usually offested in socrvey. Wit

the witness box, and could have asked him any stood before them. There were certainly two messes were not present when a man made a

POLITICAL BADINAGE, The Lady looked rather shocked. bribe, neither were they encourged–in–tbo

question with regard to these discrepancies, and | distinct features in the charge the offenes of His Lordship—I think you are pressing it he purposely avoided doing it. I don't think | a civil servant receiving money from & person

~~Q%, it's all right. Nobody boses. Well, now, The Globe has the following amusing til af presence of a muu receiving one.

If the too far.

adverse comment should be drawn from there was the legal offence of bribery. Hongkong people anything, and it is all the

whom bu was put in charge, and gupposing no London people happen to owe the Radical wiedwill; charges work put at a remote date and a likely

Mr. Slade then referred to the credibility this fact when the man

Mr. Barry Pain ones prophesied curtain time, there was no possibility of disputing of evidence, and told the jury they had to opportnuity to oxplain.

After directing the jurors s to the

orfer It Waz only a mere phases if

With regard to questions they had to decids, tis Lordship other way, you can see that Hongkong would improroments which Natore would make in to koop abreast of the times. Nature is the person accused was able to bring forward consider what her or not the charge; had been the case to which he attempted to draw

dissected the guros in the bank book of the moul a great many bills. They would have to pay certainly, and she will probably give it to

vory obliging in

in some ways. Hizt made ont against the accused. If the man wa a suslegy, that charge was for obtaining money banking money for the purpose of scuding hours and said there was no debt Word was accused,

mors, just as at an auction when many ladies what you any direct evidence to show that he was found guilty it would affect his whole fature be false pretences, and the evidence there was a draft of $1,135, (£150), but whether the Want a thing the auctioneer gets a bigger price you. She may take her time ever it--it was not at the place where the bribery was life, but that was not a ground for preventing directed to such charge,

Haney so saved seprosented thu rosalt said to have been committed. In this one, the jury from convicting if they were satisfied

Just now there is very little money in good say years before pige evolved into of illicit for it. fortunately for the acessed, son of the large beyond all reasonable doubt of his guilt. that case for the parposs of showing corrobor

His Lordship-The Attorney-General cited practices, or came out of his wages or not was Hongkong to send away, so the Banke will sell elephants- but she will do it. A seienes papr prints & story with Nature in the role of á question for the Jury. A good deal had been you outsidewoongy for féwer dollars them before," "benevolent heroine. A man te hou was put upon a day when he was ableto prove by A strong suspicion was not sufficient. They ative evidence.

to Chan Tsan being seat for to go to said as to

"How nios of them."

coll-storage eggs. All went woll, and in due other evidange where he was. It was unt

the office, , but must be satisfied beyond sh resonable doubt

if he wanted to get Chan Taun The Attorney-General-That is so, my lord.nway why have competent for him to say, on every day when the that he actually did receive the monies alleged

There's a lot more, but I'm not good at season the chickens merged. As they grow, it ку to the Sanitary Offcu?

was noticed by the observant that, instead of Mr. Slade-And your Lordship allows that His Lordship reviewed the evidence at length explaining. I'm afraid. For instance, when feathers, they had fur. Nature, having got a bribes were alleged to have been giron, whether to have been received, and that he did attempt to go forward as corroborative evidence, and and in dealing with the endeavour to persuade everybody wants to bay bills, they may get so sort of maddle headed notion that these chickens

u witnes from giving evidence before a dear that it becomes cheaper after all to send were going to

; to live in a climate of the freezing fully equipped, We should not be surprised to

thera:

be, was in or out of the house, and with regard to

to enter it in his booka as a bribe. Such things wore not unheard of in this Colony, and bribery sarudels and trish had been beurd before in the Const.

Dy

put this matter forward. -

was not given an

A

bim

for additional steamers.

מס

фотое

all the dates except the lost, he was unable to ❘ to get rid of that wilusss, before they found him now in his address to the jury he proposes to Commission, remarked that it was an offerce at the actual cash, paying the ship to carry it. Hort, promptly seat them out into the worl on his part to remember that be atleticed they came to the conclusion that this was only a General can do now is to take the figures oflence as if the subpœna had a much an Thon bilis get cheaper that is, your dollar is bear of chickens batched in the tropios

say where he was. On Christmas Eve, last

guilty.

year, it

was Do

masa

great feat of monery St. Joseph's Church and that after wards he went to St. Patrick's Club. With regard to the visit to St. Patrick's Club, two men came forward and said they remon bered him being there. It was quite possible that these men'imight be mistaken, but reason.

The Attorney-Genoral told the jurors that if | His Lordabip--The only thing the Attorney

case of cuspicion rather strong suspicion may be produced and comment on them.

theaccused should be released. That wasEnglish The Attorney-General-That is the point. law. Le charge had to be brought here to the (To the Jury)- My friend does not want you to satisfaction of the jury, and a prisoner could not beer.

Mr. Slade That is an absolutely unfair he convicted by a jury, on suspicion! But that remark and I object to it. My learned friend could not be a passing, shadowy doubt; it had

makes all sorts of insinuations against me in

been issued,

high"..

Common Law That the subpreus had not desa issued did not matter; it

Jout in light summer suitinge of thin The jury then retired, and after an absence Why then, they must have been sending There is no knowing what Nutare will do when the foromsn announced that six out of coyon loads of real money sway in ships lately, "said souse, is her chief characteristic. Some day we gata basy Enthusiasm, not commen of them had agrood that the accused was not the Lady.

may have Radicals born with Mack faces, guilty.

"I shouldn't wonder, anid the Broker. "I've equip them beforehand for the task of being

of twenty minutes returned into Court, and

His Lordship accordingly discharged the prisoner who, as he left the Court, was con-

anlated by a number of friends.

The Semions were adjourned until Monday.

obce she

te

seen very little aboat for some time. Ab! Here's pro-Zulus. Not that this would not be su in- your husband. Good morning":

provement To our mind it would; and we hope that Nature will not about the alterations

at an early a date as may be converfant.