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January 8, 1896.1
ness said he went to Watson's Board room at 11.30 after having attended a meeting of the Panjom Mining Co.
Mr. Humphreys-Do you remember having a conversation with me when I asked you to be present at the meeting?
Witness
Yes.
CHINA OVERLAND TRADE REPORT.
His Worship-Why didn't you tell me so the other day. P
Inspector Quincey-I did not know until afterwards. I now ask your Worship to grant me permission to amend the summons.
His Worship What for? Inspector Quincey-I said in my evidence
Mr. Humphreys--The meeting lasted about that I saw Mr. Humphreys driving on various a quarter of an hour altogether?
Witness-Yes, about that.
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Mr. Humphreys-Then you went out by which door?
Witness-The Queen's Road door.
Mr. HumphreysThat is the door exactly opposite to where my carriage would stand if it was there?
Witness-Yes.
His Worship-Are you referring to Watson's meeting P
Mr. Humphreys-Yes. (To witness) —The fact that you did not see the carriage there proves conclusively in your opinion that it was not there?
Witness-Yes.
His Worship That is after twelve o'clock, the time mentioned by the police is 11.30.
Mr. Humphreys—I am coming to that point, if you will allow me to conduct the examination in my own way.
(To witness). You can state
as a fact that if the carriage had been there when you left Watson's meeting to go to the Balmoral meeting you would have seen it?
Witness-Yes, and when I came back from the Punjom meeting.
Mr. Humphreys-If the carriage had been there at 11.30 as stated by the police, it would have also been there at 12.15; it would have waited for me? If I have my carriage at all it is the custom for it to wait outside for me?
Witness-Yes.
other occasious. I know another occasion on which Mr. Humphreys drove in that carriage.
His Worship Perhaps you want to take out a fresh summons: you charge Mr. Humphreys with using the carriage on the 28th December. What do you want to do?
Inspector Quincey-I shall be glad if your Worship will allow me to amend the charge; there is another day-2nd December.
His Worship-Do you want to go on with this specific charge or not?
Inspector Quincey-If you do not grant per- mission to amend the charge must take out a fresh summons.
His Worship Do you mean that you cannot prove the offence on this particular day.
Inspector Quincey-Oh no; I have two more witnesses.
His Worship-Do you wish to withdraw this
summons?
Inspector Quincey-No, I wish to go on with this case and amend the charge besides.
His Worship-How amend the charge? Inspector Quincey-Mr.
Humphreys driving on another day.
Was
His Worship-You have him for the 28th already.
Inspector Quincey→Very well, I will go ou with this case.
His Worship You can do as you like after- wards.
Mr. Humphreys-If it had been there at Inspector Quincey, recalled, said-The car- 11.30 it would have been there at 12.15 unless Iriage was on the west side of the Hongkong sent it away?
Dispensary; it was not exactly opposite. I was on the other side of the road at the time. I was near Lane and Crawford's. I am certain this carriage was a four-wheeled one and was drawn by two ponies.
Witness-Yes; it was not there when I came back from the Punjom meeting.
Mr. Humphreys-That was about 11.30 ? Witness-A little later perhaps.
Mr. Humphreys--What time did you go
the Punjom meeting?
to
fact
Witness-A few minutes to eleven o'clock. Mr. Humphreys-Can yon also state as a that when you went to the Punjom meeting there was no carriage at my door ?
Witness-I am quite certain of it.
Mr. Humphreys When you returned you found me in my office?
Witness-Yes.
His Worship--He only says he thought you were there; he is not quite certain about it.
Mr. Humphreys-His memory is returning to him. I think that fully disposes of the charge that the carriage was there at 11.30. Of course if your Worship wants any further in- formation on the point I can call the groom, but he is not here now. I only received the summons late last night.
His Worship-I will adjourn the case if you like.
I
Mr. Humphreys-It is for me to say. swear positively that I did not leave my office from the time Mr. Hart Buck went to the Panjom meeting until the time he returned.
His Worship said he should require Sergeant Holt's evidence, and Mr. Humphreys expressed his intention of calling his groom.
The case was accordingly adjourned until the 2nd January.
At the Magistracy on the 2nd inst. before Mr. T. Sercombe Smith, the hearing was resumed of the summons against Mr. J. D. Humphreys for using a four-wheeled carriage on the 28th inst. without having a licence for it.
His Worship--Mr. Humphreys, I propose to recall Mr. Quincey as I want to get more evidence; then I shall call Sergeant Holt.
Mr. Humphreys-I don't object, your Wor ship, but remember that the case for the police was closed.
His Worship-Exactly so.
Mr. Humphreys Of course my statement would help a good deal to qualify any statement of the police; however, I don't object, your Worship.
His Worship-I have full power to recall witnesses at any stage.
Inspector Quincey-Your Worship, I have one more witness besides Mr. Holt.
His Worship-I want you to be clear on that point. It was not a carriage with two wheels drawn by one pony?
Witness-No.
His Worship Did you see the carriage draw up there?
Witness-No, it was there when I arrived. His Worship Did you see it go away? Witness-No.
His Worship Did you see Mr. Humphreys in the carriage?
Witness-No.
His Worship-Do you know whether it was Mr. Humphreys carriage or Mr. Kennedy's carriage?
Witnes-I am not certain.
His Worship You told me the other day that the carriage is kept at Mount Richmond.
Witnese-I think I said a similar one. His Worship-No you did not say that. Witness-I cannot swear that the carriage I saw is kept at Mount Richmond.
His Worship-What connection is there be tween the carriage and Mr. Humphreys'?
Witness-The carriage was opposite defend- ant's office.
Inspector Quincey-I am not prepared to swear it, is.
In answer to Mr. Humphreys witness said the carriage was opposite the office door.
Detective-Sergeant Holt said. On Saturday, the 28th ult., about 11.30, I was in Queen's Road Central near the Supreme Court. I saw a four-wheeled vehicle standing outside A. S. Watson & Co.'s premises in Queen's Road Cen- tral, opposite the office. It was a four-wheeled carriage, and two ponies were attached to it. I did not see Mr. Humphreys there; a China- man was in charge. I do not know whose carriage it is. I have seen Mr. Humphreys drive a similar one.
Mr. Humphreys What is the colour? Witness-Dark.
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P. S. Baker said-At 11.10 on the 28th inst. I saw Mr. Humphreys drive from west to east in Queen's Road. He stopped outside the Hongkong Dispensary. It was a four-wheeled carriage and was drawn by a pair of ponies. A mafoo sat behind, and he took hold of the ponies heads when the carriage stopped. Mr. Humphreys afterward alighted and went up to a horse ridden by a European groom. He then went into his office.
Mr. Humphreys-Was it a mail phaeton P Witness--I could not say; it is an ordinary four-wheeled vehicle.
Mr. Humphreys said he would not press for a description of the vehicle.
This concluded the case for the police.
Mr. Humphreys then called his witnesses. His Worship At present the evidence shows that you were there with the carriage; you can rebut that if you like.
His Worship-Mr. Quincey, are you pre- pared to swear that this is the same carriage that you have seen Mr. Humphrey's driving about in P
Mr. Humphreys That I was driving a carriage and pair?
to
His Worship Yes. It now lies on you show that it was not your vehicle or that you had a licence.
Mr. Humphreys-I have no licence, and I propose to show that there was no four-wheeled carriage of mine there, and that I did not drive a four-wheeled carriage belonging to me or anybody else.
James Crossland said--I'am Mr. Humphreys' groom ut West Point. I remember Saturday. 28th December. I did not get out the four- wheeled carriage and pair on that date; the carriage had been at Mr. Kennedy's since about 18th December. Since then there has been uo four-wheeled carriage at Mount Richmond. As far as I know Mr. Humphreys has not driven a pair of ponies since 16th December, because he has not two ponies to drive.
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Mr. Humphreys-That is a very good and sufficient reason.
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Witness-One pony was killed on the 16th after an accident. I would not swear how defendant went to the Dis- pensary on the 28th, but I think he rode on horseback. I have not seen him drive any carriage belonging to anyone else for a long time. As far as I know, he did not drive a vehicle belonging to anyone else on the 28th.
In answer to the Magistrate witness said-I rode down to the Dispensary on the 28th, bat I will not swear that I saw Mr. Humphreys come up to the horse. There are now two- wheeled leaps at Mount Richmond. I am not certain, but I think he rode on horseback to the office on the 28th. I would not swear this; I dide not see him leave the house. I do not know what time he left, and I did not see him como back.
Mr. John Kennedy said-The defendant sent his four-wheeled carriage to me on the 18th December in order to have new tyres put on it. It has been with me ever since. On the 28th December it was all to pieces. One of the defendant's carriage ponies broke its back on the night of the 17th inst. Once since then he hired a single grey pony. Mr. Belilios has a mail phaeton, and I think there is one at Jardine's refinery.
This concluded defendant's case.
His Worship-There is a great conflict of evidence in this case, so I do not express an opinion as to whether it is proved that Mr. Humphreys was driving a carriage on that day or not, but it is certainly not proved to my satisfaction that Mr. Humphreys was driving a carriage of his own, and that he had not taken out a licence for it. Therefore I dismiss the summons.
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