686302-1879-Supreme-Court-Summary-of-Cases-26th-May- — Page 1

274

THE HONGKONG GOVERNMENT GAZETTE, 28TH MAY,1879.

SUPREME COURT,

Hongkong, 26th May, 1879.

Summary of cases tried at the Supreme Court

at the Special Criminal Sessions which commenced

on the 30th day of April, 1879.

1. Fung A-yau of P'ún-ü, aged 36 years,

compradore to the firm of Messrs. Nursey Kes-

sowjee & Co., was found guilty of embezzling

various sums of money amounting in the whole

to $8,083.68 which he had received on behalf of his employers and had not accounted for to them. The prisoner was charged with embezzling these sums of money while acting as a servant to his employers Nursey Kessowjee & Co. The pri- soner's counsel argued at the trial that a com-

pradore was not a servant but an agent and that therefore Fung A-yau could not be charged with

embezzling the money as a servant of Nursey

Kessowjee & Co., but the Chief Justice said that all Chinese compradores are servants of their employers and not agents and are bound as ser- vants to account with their employers for all monies received by them on their behalf, and if any compradore made default in accounting for and paying to his master all monies he had re- ceived as compradore he was liable to imprison- ment even for 14 years.

The prisoner when brought up for sentence put in an affidavit in mitigation of punishment, and his employers at the same time recommended him, as the Jury had done before, to the mercy of the Court. The Chief Justice said that the prisoner had omitted from his affidavit the only

thing which might entitle him to consideration, namely, an explanation of what had become of

the money, and had not even shewn that he was unable to pay the nount then. He would, how-

ever, give what effect he could to the recommen-

dation to mercy, and he sentenced Fung A-yau to imprisonment with hard labour for one year and six months.

2. Kwan A-fong of Nám-hoi, cook, aged 23 years, was found guilty of stealing a box of

clothes from the steam ship Ichang, and of having

returned from deportation. He was sentenced

to 3 years' penal servitude and to serve out the residue of his previous sentence as if he had never received a pardon.

3. Li A-tak of San-úi, aged 22 years, a dis- charged servant, was found guilty of stealing goods from an Umbrella Shop on the Queen's

Road, and was sentenced to 3 years' penal servi- tude.

4. Alli, alias Allie; Assan, alias Bin, alias Hassan; Kitchel, alias John, alias Kechil, seamen on board the British ship Kate Waters, were found guilty of the murder, on board the said ship while on the high seas, of Wm. Frederick Geise, master, and Christopher Bowen and Henry Hayden, officers of the said ship. Kitchel was also found guilty of the murder of a Chinaman named A-sing and of another Chinaman, name unknown, while on an uninhabited island. The three prisoners were sentenced to be hanged.

錄案

供 詞

收故

各

衙察

狀公

師司

己卯年

案情選

衙門於 起特决 供詞懇憲從輕議減而當時原告在陪審人員之前似有酌量原情懇憲憐憫形狀 初十日 收各項照交倘有虧空則可控伊斷罰監禁最久者是十叫年案將定時被告具有 閏三月 故應與公司會計隨時將代收各項登記數簿而買辦與厥主人會計應將辦房代 察使司 空銀八千零八十三大元六八仙桉馮有代該公司收到該項而未登記數簿該 香港桉 馮亞有番禺人卅六歲在辣詩記修治公司職尢買辦被控虧空銀兩數項合共虧 用公項控馮有而臬憲云按凡有華人尢買辦者實爲該公司使喚人並非代理人 狀師駁謂據稱買辦者原非使喚人實代理人耳故辣詩記修不得以使喚人私 公司控他私自擅用該項以其時爲辣時記修公司使喚人也堂訊時被告延請

錄於左

一案監禁苦工十八閱月 嘗立有不克賠償確據 照伊供詞懇請原情辭語可行多寡盡力而爲郎斷馮有 惟泉憲云該犯供詞句語並無有可原情憐憫之處據欠負該項虧空若何亦未

作

補足監禁

林

登私人

記

-

數

買

有未狀有代人私

前奴逃准經衣宜

並

數未照

歲業南

因現海

自不前去在年人

后因人歲

物偷洋大在役向十

取遮道呈現爲

在斷帆別邊亞

操關

逃回故斷罰作 某洋遮 二員一名寶仁一名奚典

准到港而擅自一后大道 斐的佳士及舟中管駕官

經解似原藉不 因在皇 在海面時該犯殺害舟師

衣服一箱及前 人役現 斷以繯首之刑審得該船

宜昌輪船偷去 歲向爲 帆船奇地和他殺害人命

二十三歲因在 二十二 別號茄之三人因在英國 操厨子業現年 新會人 邊城號夏辛傑之义名珍 關亞芳南海人 李亞德 亞理又名亞孻亞新又名

又傑之另在某洲島殺害

完滿之期如數 罰監禁 知名姓者一名故三犯均

前定監禁而未 貨物斷 華人二命一名亞星及不

珍名

奴年

工前

被知華又

斷名

以姓

之名

刑故

殺奚

均不害典 師船