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October 24, 1895.]
THE LIABILITY OF MARINE STÖRE DEALERS.
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At the Magistracy on Tuesday Mr. Gedge applied on behalf of the Crown for the re-hear. ing of a case in which a marine store dealer was acquitted by the Acting Police Magistrate, Mr. T. Sercombe Smith, of two alleged offences under Ordinance 9 of 1875.
Mr. Gedge said Your Worship. I am in- structed by the Crown to apply for a re-hearing of the charge against Leung Yeung, marine store dealer, of having unlawfully in his sion certain stores, to wit, a quantity of old rope, and neglecting to enter the purchase of
posses-
the same in a book on October 14th.” Section 5
of Ordinance 9 of 1875 says, "Every dealer in
marine stores to whom a licence shall have been
granted shall keep a book or books fairly writ- ten, and shall enter therein an account of all such marine stores, or old metal, as he may, from time to time, become possessed of, stating in respect of each article the time at which and the person from whom he purchased or received the same, adding in case of every such last men- tioned person a description of his business and place of abode." In this case there was little doubt that the defendant received this rope and had it in his possession; I think that is indis- putable. I understand that the defendant was discharged on the ground-
His Worship-I gave no reasons. Mr. Gedge I beg your Worship's pardon. I have to make this application on the ground that we have further evidence; in fact we can put Detective-Sergeant McIver in the box, and he-
His Worship-Why was not his evidence produced on the day of hearing?
Mr. Gedge-Through, perhaps, the fault of the Crown. It could have been produced, and Sergeant McIver was here to give evidence, but I understand your Worship would not allow him to go into the box.
CHINA OVERLAND TRADE REPORT.
Mr. Gedge-If he keeps a marine store shop he ought to have somebody in his shop who is responsible.
under which a master, is made responsible for His Worship-Can you show me any law
the acts of his servant 'committed without the knowledge of the master?
Mr. Gedge I cannot produce a case at the present moment.
His Worship-No, it is not the law, and you nal law you cannot make a master responsible know perfectly well it is not the law. In crimi for the acts of his servants.
It was brought clearly out that the defendant was not in the shop at the time.
Mr. Gedge Then he can stay away altogether and make this section a nullity?
His Worship-I am not going to give an opinion on that at all.
Mr. Gedge-A man may stay away from his shop from morning to night and get off on the ground that his servant bought the property.
His Worship--You might make the servant responsible.
re-
Mr. Gedge-Somebody must be made sponsible for the proper keeping of the shop. Another thing, they are the master's books, and not the servants. The entry ought to be made at the time.
His Worship The master was not there to make the entry; he knew nothing about it. If you could have proved that the master knew it, without doubt it would have been quite a dif- ferent thing.
Mr. Gedgé -How can the master know any- thing about it when he leaves the shop It is all nonsense, I put it to yon, that a marine store dealer or anybody who employs a servant in his business can get off, subject to this Or. dinance, by leaving his shop. He can go away the first thing in the morning till late at night. and marine store: can be bought ad libitum. and he cannot be convicted.
His Worship-Every case must be decided on
His Worship I heard no mention of its own merits. Sergeant McIver's name.
am instructed
Mr. Gedge-I am sorry I wrongly, your Worship.
His Worship-You are instructed wrongly; very wrongly.
Mr. Gedge-We have the evidence now that Sergeant Molver warned all the marine store dealers a day or two before the rope in question, which had been stolen from a public garden, was bought by the defendant. We can therefore prove that this man knew as a fact that this rope had been stolen.
His Worship-How can he have known it? Mr. Gedge-He was warned, and he must have known if he was warned by the detective.
His Worship-He might have heard that some rope had been stolen, but as for knowing this particular rope was stolen, that is a different
matter.
Mr. Gedge-He was told two days previously that the rope had been stolen.
His Worship-That is hearsay evidence. Mr. Gedge-It is certainly hearsay evidence, but the theft was brought very prominently before his mind, so that when, as was the case, he had the rope brought to
him he ought to have known, or anyhow ought to have remembered, what had been told him two days previously about the rope. My submission is that this is very strong evidence to show that this man knowingly received that rope, though it is hearsay evidence.
His Worship-When the rope was brought there, was he in the shop?
Mr. Gedge-No, he was not; but I would point out that the evidence went to prove that he went out some time after 12 o'clock leaving a foki in charge of the shop and came back at 1.30. The fourth entry in the book was made at 12 o'clk; no entry was made of the rope, and the f th entry was made at one o'clock.
His Voorship-I think the entries referred to the hour at which the goods were purchased, and not the hours at which the entries were made. Mr. Gedge-Even if that is the case in all probability the entries were made at the time of the purchase.
His Worship-It was proved by the police witness that he was not in the shop at the time, and knew nothing about the rope having been bought.
Mr. Gedge-I ask your Worship to hold that a marine store dealer must have someone in authority to make those entries. This man, as your Worship knows, was told that the rope had been stolen. The detective warned all the marine store dealers in the usual
Way; therefore they ought to be all the more careful to make proper entries of all marine stores purchased.
His Worship-That would aggravate the offence, but as to whether the offence is com mitted is another thing.
Mr. Gedge-I think your Worship has little doubt that the offence was committed.
His Worship-Not by the master. Mr. Gedge-The section reads, "Every dealer in marine stores," not the servants. i
His Worship "To whom a licence shall have been granted."
Mr. Gedge-Yes, to whom a licence shall have beeen granted." The dealer is the licensed man and not the servant. I strongly put it to your Worship that this man must have entries. I submit that if these marine store a person in authority in his shop to make the dealers can go and act on your Worship's decision---
His Worship-It is not for them to go on decision. You can appeal against my decision at any time.
my
Mr. Gedge-I am quite aware of that, your Worship.
His Worship (sharply)-It is absurd to say that my decision would make it difficult to deal with marine store dealers. satisfied with my decision you can appeal, and If you are not don't come into court and talk like that. It is not on account of my decision that it will be difficult to deal with marine store dealers. If you are not satisfied with my decision appeal against it. You base your application on the ground that
you have further evidence that was not produced at the time.
Mr. Gedge-Yes, all the further evidence I have is that of Sergeant McIver.
His Worship-Is it not rather in your mind that my decision, upon the evidence already tendered, was a wrong decision-is not that more in your mind, Mr. Gedge?
Mr. Gedge-It is, your Worship.
His Worship-Well, then, is it not the proper course to appeal if the new evidence is
311
of such a nature as to add force to what has gone before?
Zi
Mr. Gedge-We can prove now that and therefore the rope was knowingly purchased. this man knew that the rope had been stolen,
Of course if your Worship is against me I have nothing more to say. What my contention is, as I have said before, is that this man should have someone in authority to keep the books, and if your Worship is against me I might geant McIver's evidence is that the defendant be able to change your Worship's mind. Ber knew all about it. Of course this is only probability in all probability the defendant left the shop on purpose while these marine stores were being bought.
His Worship-Are you going to prove that the man left the shop on purpose?
Mr. Gedge Of course we cannot prove that, but it is a fair argument.
His Worship-It is not a fair argument un less you have evidence to prove that the man left the shop on purpose.
Mr. Gedge--There is the presumption, and surely I am entitled to put it forward. This purchase was the only entry not made in thes book.
His Worship-How do you know that? Mr. Gedge By their own admission, I instructed.
His Worship--I do not think there was any admission of that sort at all.
Mr. Gedge-There is the evidence that an entry was made at 12 o'clock and another at one o'clock, and this rope was bought at 12.30. That is all the evidence I can further submit to your Worship, and I will not take up your Worship's time if you are against me.
Your Worship knows what evidence I can call, but if your Worship is against me I will not proceed." he shall personally keep a book or books, but it I would point out that the section does not say
says shall keep a book or books," meaning
or cause the books to be kept."
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His Worship-I shall decline to re-hear the case, but I am quite prepared to state a case for appeal if you want it.
THE MURDER OF A NORWEGIAN .
SEAMAN.
A MAN AND WOMAN ARRESTED.
On Tuesday, the 15th inst, Inspector Stanton and Inspector Hanson arrested a man and woman who are believed to have inflicted the terrible in- juries which caused the death of the Norwegian seaman, Johann Gundersen. The couple are not married, but they live together as man and wife, and they are the owners of a fourth-class rowing boat, the one, which it is alleged the seaman engaged on the night he was so brutally mur- dered. The inquest was opened on Monday, and in the
evening Inspector Hanson received', information that the boat which had taken the deceased from the wharf was lying off Bonham Strand West. The officer made enquiries and arrested some people in charge of this boat, but a watchman who gave evidence at the inquest said that these were not the people concerned, and after due investiga. tion they were allowed to clear they were guiltless. On Tuesday_morn
go, as it was
ing the watchman told Inspector Hanson that the boat in which the deceased Inspector Hanson went there, took the woman taken was lying at Bonham Strand West. in charge of the boat to the station, and Inspec held the licence. Not only the watchman, but tor Stanton afterwards caught the man who other boat people have identified this man and woman as the persons who rowed the deceased from the wharf. resumed on the 15th inst, before Hon. H. E. The inquiry was Wodehouse, and as result of the watchman's evidence, together with the evidence of In- spector Hanson, who found marks of blood on the oar of the boat and also on a chopper, the man and woman were charged with murder- ing the seaman. The man's name is A. Kan, and the woman is known by the sobriquet of
14
Was
Small-pocked Sam." When charged the man said "I do take Europeans, but this is spite... The woman admitted taking a man answering the description of the deceased, and said he was left on the ship, which had gone away.
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