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Mr. Humphreys-And you answered in the affirmative?
Hon. Commander Hastings-I did. Mr. Humphreys-On that answer I come here to-day prepared to prove that I did not drivels dog cart on that day.
Hon. Commander Hastings--It was a wheeled cart.
His Worship-I shall not allow any objection as to whether it was a two-wheeled dog cart or not. If it is proved to me that it was a two wheeled cart it is good enough, whether it was a dog cart or anything else.
Mr. Humphreys-I have no recollection of driving a two-wheeled cart that day. What time was it?
Hon. Commander Hastings-About five o'clock in the afternoon.
Mr. Humphreys-I have no recollection, or I might be mistaken about the date. I'll call my witnesses, but I suppose there is no necessity to call evidence as to whether I hired a dug
cart.
His Worship-No.
Mr. Humphreys--I have brought two wit- nosses who are not required, it seems to me. I'll call my son, your Worship-stop, I think I will ask one or two questions. Do you know that that carriage was mine?
Hon. Commander Hastings-I have seen you driving in it before.
Mr. Humphreys-You were
asked that before, but the question is. Was it my carriage? |
Hon. Commander Hastings-I cannot say whether you have paid for it. I have seen you driving in the carriage and I have a witness here to prove it.
Mr. Humphreys-I might be in half a dozen peoples carriages. I want you to prove have no recollection myself of having a vehicle on that day—I want you to be quite sure that you can positively swear that that was my carriage. Hoa. Commander Hastings-I cannot posi- tively swear that I saw you get into that car- riage, but I have seen you get into a similar one. I have evidence to show that you have a similar trap in your stables at Mount Richmond.
Mr. Humphreys - That I have a trap? Hon. Commander Hastings-Yes, similar to the one-
Mr. Humphreys--I have no trap in my stables. It seems to me, Captain Hastings. that you were not quite sure that it was by carriage. Can you describe the trap?
Hon. Commander Hastings-It was a two- wheeled trap.
Mr. Humphreys- You say it was a dog cart. Can you give any description of it.
Hon. Commander Hastings-I did not closely notice. It was a two-wheeled trap, painted black, and it had a grey pony harnessed to itį
Mr. Humphreys -I think you have made a mistake.
Hon. Comarin ler Hastings--As to owner- ship, your Worship. I rely upon section 6 of the Ordinance -- Using any private vehicle for which a licence is required without having a valid licence for the same,'
His Worship Did you notice what the
harness was like?
Hon. Commander Hastings-I did not take particular notice. When I walked past I saw Mr. Humphreys get into the trap. There would have been no summons at all if the other charge had not fallen through.
Sorgoant Moffatt was then called and said- I have son the vehicle referred to in the
sumnions.
His Worship-How do you know it is the vehicle referred to in the summons?
Witness-By the description. It is a high two-wheeled vehicle aud I have seen it driven by Mr. and Mrs. Humphreys on various occasions. It had a hood to it and was drawn by a grey pony,
I have seen it in the road. I have also seen it in Mr. Humphreys' coach house.
Mr. Humphreys-Whon ? Witness-About a month ago; Mrs. Hum- phreys showed it to me.
His Worship-What was the occasion? Witness--I was enquiring about a dog licence. That was about the 18th or 19th December.
His Worship-Did Mrs. Humphreys show you round?
Witness-Yes, she showed me the garden, yard, stables, and coach house.
THE HONGKONG WEEKLY PRESS AND
Mr. Humphreys-How do you know that the trap you saw in my coach house is the same that Captain Hastings has spoken about ?
Witness-From the description.
Mr. Humphreys-A description of every trap of that sort would be exactly the same. There are thousands of tliem.
Witness-Not in this colony.
Mr. Humphreys-Thousands-tens of thou- sands of them in the world. all made exactly the same. How can you swear to that? There are a great many of them in this colony.
His Worship-I do not think he says abso- lutely it was the same; from the description ho beard he gathers it is the same.
Mr. Humphreys-I do not see that his eri- dence is relevant: do not see what it has to do with the case. He saw my carriage on the 18th; he did not see it on the 30th. I do not see that it has any reference to the case at all.
Mr. John Kennedy was then called for the prosecution. He said-I keep a horse repository and let out traps for hire.
His Worship-On the 30th December did you let out anything to Mr. Humphreys?
Witness- No.
His Worship-Besides yourself in this colony is there anybody who lets out carriages
Witness-Yes; some Chinese.
His Worship-What sort of carriages? Witness-I have seen gharries,
His Worship-Do you know any Chinese who let out two-wheeled carriages?
Witness-Yes.
His Worship-Can you give me the names? Witness-I cannot; I have seen carriages on the streets/
His Worship-How do you know whether they are hired or pot?
Witness-I know some of them come from stables at Wanchai.
His Worship-Do you know Mr Humphreys carriages?
Witness-Yes; he has a mail phaeton, a buggy, and a Croydon car. The mail pharton is a four-wheeled vehicle and the other two are two wheeled.
His Worship-Has either the buggy or the Croydon car a hood ?
Witness--The buggy has.
His Worship-Do you know what pony it is drawn by?
Witness--Mr. Humphreys' own pony, His Worship-What colour is it? Witness-Spotted.
His Worship--Do you call it grey or white? Witness-It is white with brown spots on it. Mr. His Worship-Have you ever Humphreys driving a carriage hired from a Chinaman?
Witness-No.
Mr. Humphreys-What is the usual colour for buggies to be painted? Witness-All colours.
Mr Humphreys-Are they brown or dark
colours.
Witness-Brown and chocolate colour.
Mr. Humphreys-Do you know a chocolate coloured buggy in the colony?
Witness--Yes.
Mr. Humphreys-To whom does it belong? Witness-It belongs to me.
Mr. Humphreys-Oh, I have not seen it. How many chocolate painted buggies are there to those painted dark?
Witness-They are mostly painted dark.
Mr. Humphreys They are mostly painted dark. I thought so. I have never seen chocolate one. What is the colour of the hoods
as a rule.
&
Witness-As a rule they are black.
be somewhat difficult for a person not accustomed Mr. Humphreys-Don't you think it would
to drive or own carriages to distinguish at a distance between one person's buggy and another's? I am not speaking about you: I am speaking of policemen or persons not in the habit of driving or who do not know other peoples' buggies.
His Worship-That would depend whether the person was short-sighted or not.
Witness-It would depend how far he was away; there are
not many buggies in the colony altogether..
His Worship-How many do you know of? Witness-Four: two are mine; the body of one is painted chocolate, the hood is black,
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[January 16, 1896.
and the wheels red. The others are of a dark colour:
Mr. Humphreys-Three of them are dark and one chocolate. That is all I have to ask
you.
His Worship-Captain Hastings, did you notice whether there was a hood on the carriage?
Hon. Commander Hastings-I cannot say. I saw a high two-wheeled trap, but whether it had a hood on it I cannot possibly swear. When I looked back I saw Mr. Humphreys get
in.
Mr. Humphreys--Has my buggy a black hood? Hon. Commander Hastings-Yes. This concluded the case for the prosecution. Mr. Henry Humphreys was then called and said I returned to the colony on the 30th December. Iarrived in the morning. My father and I were together all day either at the office
or in the house.
Mr. Humphreys-Do you remember my driv- · ing a two-wheeled vehicle near to the entrance of the office about a quarter past five ?
Witness-No. I would like to say that there was about an hour in the day when I was not with my father. I went to the Peak between four and five o'clock in the afternoon.
Mr. Humphreys-You were not at the Dis- pensary with me between five and six ?
Witness-No.
Mr. Humphreys-Then I won't ask you any more questions.
to
James Crossland, defendant's groom, said-I remember the day Mr. Humphreys' son returned to the colony. It was the last day of the last month. I do not know whether Mr. Humphreys drove on the evening of that day. I did not sea Lim drive. I did not get the trap ready for him.
а I took trap out belonging another gentleman and also a single set of harness belonging to Mr. Humbpreys. I went to a West Point carriage painter to fetch a trap that had been there some time, and whilst coming back with it the pony crossed its legs and broke the shaft of the trap. That was about 3.30.
Mr. Humphreys-What harness did Have on that day?
you
Witness-A single set; there is only one set. Mr. Humphreys-If you were using the har- ness how could I be using it?
Witness--I do not know whether you were using it or not. I got back between 3.30 and 4 o'clock. I left the vehicle standing in Caine Road near Mr. Granville Sharp's residence. Then I went back to the stables again. I could not see Mr. Humphreys. I waited for him until about 5 or 6 o'clock, and as he did not come I got a couple of coolies and we pushed the trap back. I do not know whether Mr. Humphreys used the harness and pony after the trap broke at 3.30.
Hon. Commander Hastings-What day was this exactly?
Witness-The last day of the last month. Hon. Commander Hastings-That was Tues- day.
t.
Witness-Yes; I understand that is the day the summons was taken out.
Hon. Commander Hastings-The summons was taken out on Monday, the 30th.
His Worship--It is not a question whether the summons was taken out on the 30th or 31st.
Witness-It was the 30th December. last day of the last month.
Hon. Commander Hastings-That is not the What day of the
week was it ?
Witness-I think it was Tuesday. The only reason I know is that it was the day Mr. Hum-
the week was it? phreys' son arrived from Europe.
Hon. Commander Hastings-What day of
Witness-The day on which Mr. Humphreys
arrived.
Hon. Commander Hastings-Did you see Mr. Humphreys arrive?
Witness-No, I was horse riding, and when I came back he was home. I arrived half an hour after he did.
Hon. Commander Hastings-What time was
that?
Witness-I saw him about 10.30 or 11 o'clock walking about town with his father.
Hon. Commander Hastings-Has Mr. Hum. phreys more than one single get of harness?
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