January 8, 1896.)
The Chief Justice-It seems to me very un- likely that a shop boy could be pawning this jewellery and redeeming it from time to time for various sums of about Tls. 1,000 each. Is it not more likely that Ho Tsat herself was obtaining money on her own jewellery ?
Mr. Pollock-The whole case is throughout a mystery.
The Chief Justice-That is more likely than that a shop boy should pawn it. He would have lost money on the transactions all the way through. I do not think it is clearly shown there was a theft at all; it is quite likely there was not.
Mr. Pollook-No theft at all! The woman A Tim was arrested in connection with the theft. Mr. Robinson-And discharged at the request of Ho Tsat.
Mr. Pollock concluded by pointing out that there was something inconsistent in the fact of the man being convicted of stealing the jewellery and the woman for pawning it. Therefore upon public grounds the matter ought to be inquired into fully; then everything would come out that was at present known.
Mr. Robinson was not called upon for the respondent.
The Chief Justice-I think the evidence in this case is as clear as any evidence can be. The charge against the appellant is that she pawned certain jewellery belonging to Ho Tsat on the 24th September and two other dates and gave incorrect particulars to the pawnbroker as to the name and address of the owner. There is no doubt that this jewellery belonged to Ho Tsat, and there is no doubt that a fictitious name and address were given by the person pawning. The only question is whether the evidence is sufficiently clear to warrant the conviction of this woman as having been the person who took the goods to the pawnshop. Now upon that point the evidence is very strong indeed. The pawnbroker says he knew this woman perfectly well; she had been going to his shop over and over again since the month of April last right up to October with articles of the same so:t-valuable jewellery-and giving
CHINA OVERLAND TRADE REPÓRT.
different names and two or three different addresses all the way along. In this case the transaction Was not ELD isolated one. He knew her well, according to his statement, and he knew her name, and he had re- peatedly had transactions with her of a similar nature. That is what he says. Then there is the assistant, who was produced before the Magistrate, prepared to corroborate. He is tendered for cross-examination, but no ques- tious were put to him. Then there is the con- stable who was present when this woman brought the pearls upon one of the occasions in respect of which she was charged, and he saw the pearls; that is very strong evidence. The case does not stop there, though. There is an- other pawnbroker and he says that this woman came to his shop and compared the prices with those paid by the other man. That is very strong corroborative evidence, and it does seem to me that the evidence is very sub- stantially corroborated by Ho Tsat, the owner of the jewels. I cannot doubt for a mo- ment that it is perfectly within Ho Tsat's power to clear up this matter if she likes to, and I cannot doubt for a moment that this jewellery which was pledged from April right down to October belonged to Ho Tsat. I think it is exceedingly unlikely, with respect to the previous transactions at any rate, that the jewels could have gone without her being fully aware of it. I think, therefore, that, in regard to the previous transactions, Ho Tsat autho- rised the pawning of the jewellery, and that they were pawned for herself. Some of the par- ticular, jewels were not redeemed and for some reason or other their absence was discovered. They were at the pawnbroker's shop, and they could not be redeemed. Whether there was a theft or not it is difficult to say. It may be that this woman A Tim had been employed to pawn the jewellery all the way along, and that on one occasion she stole some of them and pledged them for her own benefit. On the other hand it might not have been so. It might be that she was still pledging for Ho Tsat. That is a matter which must be left in doubt. When it was suggested that there had been a theft and the pawnbroker was called upon to go to Ho Tsat in order to see if he could recognise one
that the
|
man's release and that recommendation what I know of the case, shal and thoroughly prepared.
be most
from: fully
The Puisne Judge I concur. I can only express my sorrow that the additional evidence inclined to believe there would have been no was not called at the original trial; as I am conviction.
The Chief Justice The appeal is dismissed with costs.
THE "THALES” AFFAIR.
below translations of the two Notes Verbale In reference to the Thales affair, we give which passed on the subject between H.B.M. Minister, Tokyo, and the Japanese Govern- ment, which have now been published in the Official Gazette of Japan. In addition to the Thales, the responsible Japanese naval officers compensation to be paid to the owners of the are also to be punished Rough translations of the notes have already appeared in our columns.
NOTE VERBALE.
The British steamer Thales having left Tai- wan on the 20th October with 800 passengers, mostly women and children, was stopped fifteen Yayeyama before daybreak on the following miles from Amoy by the Japanese cruiser morning and a search crew was placed on board by the Commander of the cruiser. The Com- mander wished to take out seven passengers, against which the master protested. The Com- mander of the cruiser then insisted on placing two officers on board and after a detention of ten or twelve hours allowed her to proceed to Amoy on condition of holding the men he required at the disposal of the Japanese Consular authority for that port.
H.B.M.'s Consul of course demanded that the cruiser should be delivered to him, and that men claimed by the Commander of the Japanese
having been done set them at liberty.
tions from his Government to inquire what ex- H.B.M.'s Minister has now received instruc- planation the Japanese Government have to offer respecting the stoppage of a British ship on the high seas by a Japanese war vessel and her search and detention.
of the servants this very woman A Tim had been allowed to go to Canton that day, and Ho Tsat allowed her. I think that is a very material corroboration of the pawnbroker's evidence. Then we know that subsequently a man charged with the theft and supplied to the photograph was obtained by a friend of the pawnbroker. The pawnbroker got a copy for his own benefit and seeing A Tim in the street a short time afterwards caused her to be ar- rested. It seems to me that the conduct of the pawnbroker all along is such as to allow us to assume that his story is correct. No doubt there is some trouble behind this case which I do not know of. I do not know whether a claim has been made against the pawnbroker-whether it is suggested that he should lose the money which has been advanced and give up the jewel- lery without being paid; but I feel certain that Ho Tsat did know that A Tim was the woman who pawned the jewellery, and pawnbroker wanted her arrested, and in fact procured her arrest. It seems to me quite clear that this woman pledged the jewellery and that is the only question we have to try. It is quite possible that the police were misled by the pawnbroker's statement in the first in- stance as to the name of the person who actually pawned the property. broker no doubt may have thought that he had The pawn been a party to an illegal proceeding, and he may have concealed his own knowledge in the first instance, but, as I have shown, the case in this particular respect does not rest solely upon the pawnbroker's evidence. He is corroborated in the most substantial way by evidence which, as far as evidence in the Police Court goes, I consider perfectly satisfactory. It is suggested there is a conflict of evidence. Two women servants and Ho Tsat say that this pawnkroker when he came to the house to identify the pawner was shown a photograph of A Tim, and he said he knew this was not the person who pawned the goods. My own opinion is that he was not shown the photograph at all. I do not believe that evidence. Inspector Quincey was there and he says no photograph was shown. It is possible there was a photo graph in the room, but it would have been perfectly easy if they had wanted to produce the woman A Tim. Then there is the question of the photograph which was afterwards taken to the pawnbroker, who got a copy made for his own purpose and by that means pro-
The Imperial Government have not failed to cured the arrest of the woman.
take into very serious consideration the Note It is sng.
Verbale which H.E.. H.B.M.'s Minister did gested that the pawnbroker and A Tim were together in the station. The pawu-24th ult., in reference to the search and defen. them the honour of presenting to them on the broker says he did not see A Tim; I do not tion of the British steamer Thales by the in the least believe he did. If he had seen Japanese man-of-war Yayeyama. her his conduct would have shown it; he would have immediately proclaimed her as the person who pawned the goods I do not think there is any conflict of evidence; the evidence seems all one way. There are suggestions made as to inferences which might be drawn on
very doubtful evidence, but they are only wild in- ferences we are asked to draw. On the other hand the evidence for the prosecution is clear. I am quite certain there was sufficient reliable evidence of A Tim having pawned the jewels and giving fictitions names and ad- dresses, and the appeal must be dismissed. I must how say a word or two about the case of the man Leung Kam To. have looked through the depositions in that case and I have consulted the learned Judge who tried it, and I have seen the notes of the evidence, and I think it is perfectly clear that the case as presented to the Court was not a strong case against the man at all. It consisted of the evidence of the little girl who said the prisoner induced her to take Ho Tsat's jewellery. She was by her own confession guilty and her evidence must be accepted with extraordinary caution and reserve. Then there was the alleged confession by the prisoner. again the evidence was weak. The 'sur- rounding facts seem to show that what- ever confession he made had been extorted from him by threats held out by Ho Tsat and others. But however that might be the jury took a different view of the evidence and they convicted the prisoner. The learned Judge agrees with me that on the evidence it is quite clear that this man ought not to have been convicted, and that being so the learned Judge will be able to make a recommendation for the
I
There
Tokyo, 24th October, 1895.
NOTE VERBALE.
Full reports of the attending circumstances known to enable the Imperial Government to of the case are still wanting, but sufficient is determine that the incident occurred on the high seas and that the Thales was at the time on a voyage from Taiwan to Amoy, China.
Imperial Government are led to believe that From the meagre information at hand, the the acts complained of were the result of a misapprehension of instructions, but setting aside once for all any discussion of incidental points, the Imperial Government hasten to acknowledge that the acts were, in contempla- tion of international law, wholly without They regret exceedingly that the prepared to fully compensate the Thales for the occurrence should have taken place and are wrong suffered.
warrant.
The instructions which the Imperial Govern- make a repetition of the incident impossible, and, ment are issuing to their vessels of war will while expressing their warm appreciation of the considerate manner in which the event was brought to their notics, the Japanese Govern ment venture to hope that the explanation and reparation which they offer will prove satisfac tory to Her Britannic Majesty's Government,
Tokyo, November 6th, 1895.
extract from a despatch received by HB.M
The Amoy Gazette publishes the following Consul at that port from Sir E. Satow, K.C.M.G., H.M. Minister, Tokyo —
Tokyo, 9th December, 26th of November, I have the honour to inform Sir,With reference to your despatch of the you that Her Majesty's Government have accepted as sufficient reparation in the case of
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