January 16, 1896.1
MR. J. D. HUMPHREYS AND HIS CARRIAGES.
FULL PENALTY IMPOSED.
At the Magistracy on the 7th Jan., before Mr. T. Bercombe Smith, Mr. J. D. Humphreys was summoned for using a private vehicle on the 30th December without a licence, and also for a similar offence on the 2nd December:
The summons for the 2nd December was, at the request of Mr. Humphreys, taken first.
His Worship--Do you admit the charge? Mr. Humphreys-Without something to carry my mind back to the date, how can I re- member what I was doing? Perhaps it will save time, as Captain Hastings is in Court, if I ask first whether this lettter was written by
him.
His Worship-Captain Hastings can be called if you wish.
Mr. Humphreys-If anything is stated which I know is not true I shall ask for a postpone ment in order to call rebutting evidence.
Inspector Quincey said-About 2 pan. on the 2nd December I went to the funeral of the late Mr. Poon Pong. The procession started from a house on the Praya near the Canton Steamer Wharf. When I got outside the house I saw Mr. Humphreys in a four-wheeled carriage, in which were two grey ponies. Mr. Creasy Ewens, the lawyer, was sitting with him. Defendant-I think I may speak now. His Worship-What about ? Mr. Humphreys-I may as well admit, if this is the correct date of Mr. Poon Pong's funeral, that I was in a four-wheeled trap on that dute, so I won't waste your Worship's time.
His Worship For which no licence was taken
out?
Mr. Humphreys--For which no licence was taken out. If I had not remembered the date I should have asked you to have discredited every word this witness said, because he un- doubtedly perjured himself on the last occasion.
His Worship-There is no need for the secution to go any farther then. Do
you wish to call any witnesses ?
Mr. Humphreys I should like to call Captain
Hastings.
-סינכן
Commander Hastings-I ask your Worship to protect the witness, as the defendant accuses him of having perjured himself.
His Worship-I make no that at all.
comment upon
Mr. Humphreys- I have been in correspon- dence with Captain Hastings.
His Worship--Do you wish to put Captain Hastings in the box?
Mr. Humphreys-Yes.
Hon. Commander W. C. H. Hastings, Acting Captain Superintendent of Police, then got into
the witness box.
Mr. Humphreys (producing a letter) --Is that your signature?
Witness-Yes.
Mr. Humphreys-You observe the date the "6th December," four days later than the date on which I am charged with driving this car- riage. Don't you think it is rather far-fetched to institute a prosecution against me antecedent to the date of that letter?
Witness-Shall I read the letter? Mr. Humphreys-If his Worship wishes. His Worship-Yes, real the letter. Witness-"In reply to your letter of some days ago, I have the honour to inform you that the Public Vehicles Ordinance. No. 13 of 1895 has not been disallowed by Her Majesty the Queen. I regret the delay in answering, but it was unavoidable as I was not in a position to answer your question. I presume you will have no objection now to comply with the law as regards your vehicle."
Mr. Humphreys-I sent you in the course of the correspondence a complete copy of my cor- respondence, including that which I had with the Secretary of State.
Witness-Yes, I had a copy.
Mr. Humphreys—And I informed you that I had not yet received the promised reply from the Secretary of State as to whether this Ordinance would receive the sanction of the Queen or not.
His Worship--Did defendant tell you that? Witness produced a copy of a long letter, in which Mr. Humphreys said he should appeal to the Secretary of State.
CHINA OVERLAND TRADE REPORT.
Mr. Humphreys-There was a previous letter in which I informed you I had not received a reply from the Secretary of State for the Colonies. want now to ask Captain Hastings and your Worship if there is no limit to the date for these prosecutions ?
Witness-In answer I may say that Mr. Humphreys has a four-wheeled and a two- wheeled trap and he has not taken out a licence for them. The first prosecution failed and I am bound to prosecute him for having a four- wheeled trap without a licence.
Mr. Humphreys-It's rather far-fetched to go before the date of that letter.
His Worship-The Ordinance was assented to by the Governor on the 30th May, 1895, and it remains in force unless it is disallowed by the Queen.
Mr. Humphreys-That must be so, but I think a certain amount of etiquette should 'rule in Government prosecutions, and in reference to this case I think the Captain Superintendent of Police when calling upon, me on the 6th December to take ont a licence-that any pro- secution of me for not taking out a licence should be on a date subsequent to that, as a matter of official etiquette.
Witness-I have only to see that the law is carried out, your Worship. In his last letter Mr. Humphreys said “Under the circumstances and pending the result of my application to the Secretary for the Colonies I beg to say I am unable to comply with your request to take out
a licence."
Mr. Humphreys-That was what date ? Witness--28th December. The letter con-
clades, " Thanking you for your patience and courtesy."
Mr. Humphreys-I can quite understand any Prosecution being taken on or after that date, but I can't understand a summons being taken out for the 2nd after your letter of the 6th, and I therefore ask you to withdraw this charge.
Witness-I can't do that; you have been driving a carriage since the Ordinance was
passed. If you had licensed the carriage you
would not have been prosecuted.
Mr. Humphreys-You don't see your way, then?
Witness--No.
Mr. Humphreys-I'll admit the charge at onec, your Worship.
His Worship-Considering that this Ordi pance has been in force since the 30th May and on have failed to take out a licence, and cop- sidering your position in the colony and the bad example which you are setting in refusing to take out a licence and in refusing to comply with the law. I feel it my duty to impose the full penalty upon you—$25. `
Mr. Humphreys-All right, your Worship, but I think your Worship is wrong all the same, I think I am setting a good example to the co- lony by-
His Worship-- Next case, please.
Mr. Humphreys-By using every lawful means to oppose an unconstitutional and un-English Ordinance.
His Worship-If the fine is not paid (writing) In default-
I
Mr. Humphreys-May I ask your Worship at this stage of tho proceedings whether there is any limit to the date of the commission of an offence and--
His Worship-Yes, six months. Mr. Humphreys-Six months? His Worship-Yes.
Mr. Humphreys--All right.
His Worship You are further charged with using a private vehicle on the 30th December. without a licence contrary to the Ordinance.
admit the charge?
Do you
Mr. Humphreys-How can I admit? I don't know what I was doing on the 30th December. Let them give me some clue; if I am satisfied that I did so, I'll admit it at once, your Worship. Hon. Commander W. C. H. Hastings said- On Monday, 30th December, about 5.15, I was passing the Hongkong Dispensary when I saw Mr. Humphreys come out and get into a two- wheeled dog cart.
Mr. Humphreys-A what? Witness--A dog cart. Mr. Humphreys-A dog cart?
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Witness-Yes, a dog cart.
His Worship-A two-wheeled dog cart.. Witness-It was drawn by a grey pony. The defendant had no licence for the vehicle.
Mr. Humphreys-Do you know of your own knowledge that there was no licence for it?
His Worship-I suppose you are the officer who licenses vehicles ?
Witness-Yes, I am the authorised officer. I have seen Mr. Humphreys driving before.
His Worship-Cannot you go a little further and prove that the carriage is Mr. Humphreys, where it is kept, or anything of that sort?
Witness-Inspector Quincey can prove it is kept at Mount Richmond.
Inspector Quincey-I cannot swear it; I have only been at Mr. Humphreys' house once.
His Worship-I must have it in evidence that this carriage is Mr. Humphreys' carriage.
Witness-I have seen him driving in it before. His Worship-It does not necessarily follow that it is his carriage; it may have been hired by the month.
Witness-Then it ought to have a number on the rear or on the axle.
His Worship-Have you any questions, Mr. Humphreys?
it was a dog cart, Captain Hastings?
Mr. Humphreys (to witness)-You are sure
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Witness Yes.
Mr. Humphreys--I should like to be sworn. His Worship-You cannot be sworn. Mr. Humphreys-I should like the case adjourned in order to prove that I did not drive
the dog cart.
His Worship--I have no objection; I'll What time will be con- adjourn the case. venient to both parties?
me.
Mr. Humphreys-Any time is convenient to
His WorshipSay Friday.
Mr. Humphreys-Yes, Friday, at noon for preference, but I'll make my time convenient
to you.
His Worship-Let us say Friday at noon.
Mr. Humphreys--I want to ask you whether I can take out a summons for perjury against the people who gave evidence against me- on
the last occasion.
His Worship-I leave that to you; you can do just what you like; there is nothing to prevent you.
Mr. Humphreys--There is no- His Worship--Oh, no.
Mr. Humphreys-I am not limited to time? His Worship-Six months.
Mr. Humphreys-I observe that your Wor- slip fined a man the other day for committing perjury in this Court, and it occurred to me that if one man could be fined for perjury I saw no reason why people who committed per- jury against me should not be fined, for it was deliberate perjury.
Mr. Humphreys then paid $25, the fine in the first case, and the second case was adjourned until the 10th January.
The hearing was resumed at the Police Court on the 10th Jan., before Mr. T. Sercombe Smith, of the charge against Mr. J. D. Humphreys for using a two-wheeled vehicle on the 30th De- cember last without having a licence for it.
His Worship-Do you wish to say anything moro, Captain Hastings?
Hon. Commander Hastings-I would like to say that it was a two-wheeled vehicle. I will not bind myself down to say whether it was a dog cart, a gig, or a Tilbury, as I am not com. petent to describe it. It was a two-wheeled vehicle.
dog
cart.
Mr. Humphreys-You described it as a Hon. Commander Hastings-I do not wish to bind myself to that; it was a two-wheeled trap. His Worship-Do you remember the oc casions on which you have seen Mr. Humphreys driving before ?
Hon. Conmander Hastings-I cannot give dates, but I have seen him since he came back in a trap like this one.
Mr. Humphreys-You remember, Captain Hastings, giving evidence the other day when I asked you whether you were quite sure it was a dog cart?
Hon. Commander Hastings-Yes.
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