July 21:1807]
What did you do after that P-After that I was attached to the detective department.
Why did you leave the detective department? -I was told to find a witness. I could not find him and I was reported to Inspector Matheson for sending the witness to Canton.
You were reported for that ?-Yes. I did
not see the witness.
In what case was that witness concerned P In a case in which a constable was aconsed of snatching dice.
And snatching anything else P-Fourteen cents..
Was that all?~And a dice cloth. Why did you leave the Force?
His Worship--One moment. Who is in charge of this case now?
Inspector Duncan--I am, your Worship. His Worship-Are any of those people out side the door witnesses ?
Inspector Duncan-No, your Worship. Defendant-There might be some witnesses
there.
His Worship-I am told there are not; that is sufficient.
Defendant (to Witness)-Why did you leave the Force ?
Witness-I was transferred to Yaumati and I resigned.
Did you resign on a pension ?—Yes. Have you a pension now ?-No.
Why P-I took the whole lot at one time. How much ?-$174 or $176.
For 15 or 16 years' service ?—Yes. Was that all you were entitled to P-I do not know. The Captain Superintendent makes up the amount.
You do not know whether you were entitled to more or not?-In the first class I was entit- led to more.
Why was your pension reduced ?—I was in the second class.
Were you entitled to more in the second class ? -I do not know.
Were you reported before you resigned?- While at Yaumati I was fined 50 cents at roll call.
Was that the reason why you sent in your resignation ?-No. After 10 years' service I could resign when I liked. ·
When did you resign ?--In 1892.
Did you have a character at your discharge? -Yes.
Can you produce it P-It is at my house. What does that character say ?—" Fair." And you are quite sure you were not entitled to a bigger pension after 15 or 16 years' ser- vice One cannot calculate the pension at all. If a man is reported he is sure to get less pension. If you had not been reported what would you have been entitled to ?--I do not know..
You are not conversant with figures F-Yes. I know how to calculate.
Defendant here intimated that this concluded his cross-examination and witness's evidence was then read over.
His Worship also read over part of the wit- ness's evidence and asked him to verify the dates, which he did.
In reference to the statement that the witness's wife told him the Inspector had sent for him, defendant submitted that such a state- ment was not admissible.
Mr. Francis-The answer was given in an- swer to defendant's questions. He must take the consequence of that.
The witness was then re-examined.
CHINA OVERLAND TRADE REPORT.
Did you get the two sets of samples from the same shop P-Yes.
This concluded the witness's evidence, and he was, on the application of the defendant, de. tained in court.
Sam Yeen, who said he had no other name, was then called. In answer to Mr. Francis he
said-I am now a prisoner in Victoria Gaol. I was convicted the other day of keeping a gambling house in Wa Lane. The sentence was nine months' imprisonment and a fine of $1,000. Before I was arrested I resided at 3, East Street. I was in charge of the accounts at the gambling house. I know Cheng On, whom I now recognise.
Mr. Francis-Have you ever paid him any money?
Witness--He came to me and spoke to me about giving $1.10 to "No. 12" and I asked him to whom I should hand the money and he said, "To Tung Kum."
Do you remember when it was he asked you for money for "No. 12 "?-About the second or third moon this year.
Can you get nearer to it than that P-In the second moon.
Can you tell us in about what decade of the second moon it was ?-On or about the 10th of the second moon.
I
Did you make any paymont in consequence of what Cheng On said to you?-I did. gave the money after Cheng On spoke to me.
How much ?-$1.10 a day.
For how many days was that money paid P- From the second moon to the 11th June.
How often was the money paid ?-Tung came for the money every day.
71
Mr. Francis-If your Worship thinks so. Defendant (to witness)-And you remained in gaol without a warrant being issued?
Witness-Well, how can I go away? I do not wish to remain there. I was not allowed
go.
to
If there is no warrant no one dares to detain you. I do not know.
His Worship-He is not remaining in gaol of his own free will.
Defendant-Are you allowed to go in and out of the goal when you like ?-No, I am confined in a room.
Did the Captain Superintendent of Police ever tell you there was a warrant ?-No.
At this point the case was adjourned until 2.15.
After luncheon Ho Wai Tsim was called, but as he did not appear, after the Court had waited ten minutes, Tung Kam was called. He said-I keep a mercer's shop at 181, Hollywood Road. I know Cheng On and Sam Yeen.
Mr. Francis-Have you ever done anything for Sam Yeen or Cheng On?
Witness-Cheng On told me he had obtained $1.10 a day for "No. 12," and that I was to go to Sam Yeen, who would give the money to me Did you go to Sam Yeen and get money from him P-Yes.
How often did you get money from Sam Yeen ?-Once every day.
How much money did you get every day from Sam Yeen ?-$31.55.
Each day?—Yes.
How much of that did you pay to Cheng On? Kum-Cheng On came for the money every five days. How much did you pay him each five days? -$5.50.
Did you pay him every day ?—Yes. Did you make any payments to Cheng On or were all the payments made to Tung Kum ?- They were all made to Tung Kum.
Tell us exactly what Cheng On said to you when he came and asked for this money.- Cheng On said, "There is no gambling in No. 12's' place. He wants $1 a day; I want 10 cents as wages." That is all.
Didn't he say anything else ?-Well, I pro- mised to pay him. He told me to band the money to Tung Kum.
When Cheng On went to speak to you about this money was anyone with him ?He came alone to No. 3, East Street.
Did you pay this money to Tung Kum your. self or was the money handed by your order P- I handed the money personally to Tung Kum.
Defendant-Are you quite sure there was no-one else with Cheng On when he came about the payments ?-It seemed to me he was alone. I was alone, but there were fokis outside.
His Worship-At the interview you and Cheng On were alone P-We were alone.
Defendant asked permission to recall Cheng On.
His Worship-Very well. Cheng On was then recalled.
Did you pay Cheng On anything else but the $5.50 ?--Yes.
What was it?-He had a few 10 cent pieces for himself.
What is the total amount you paid him each five days?-$5.50, $3.50, which was for himself, and $8. I do not know who had the $8.
So that is $17 every five days? -Yes. Were you getting any pay yourself from Sam Yeen -Yes, he gave me a few ten cent pieces as wages.
Of the $17 you paid every five days to Cheng On how much was for "No. 12"- Cheng On said $1.10 was for "No, 12."
Did you get any other money from Cheng On` for anyone else ?-No.
Do you
know Sam Yeen to speak to ?—Yes. Do you know where he lived ?-- Yes. Where - No. 3, East Street. How long have you known him ?-Since last year. He was in a druggist's shop before.
You have been in the Hongkong Police and resigned six years ago after twelve years' ser- vice ?—Yes.
Was there anything against you ?--I resigned of my own accord.
Was there anything against you?—I resigned
Defendant-On what date were you arrested? because my mother was old and there was no
WitnessOn the 12th July. What time ?-Between 3 and 4. Who arrested you P-Inspector Mackie. You said on the last occasion that you did not know why you were arrested ?—Yes, I said that I do not know why I was arrested.
When yon were arrested were you shown a warrant ? No, he did not show me a warrant. A warrant was not necessary.
And you have not seen a warrant since ? No. And you do not know whether there is a warrant for your detention in gaol ?-I do not
Mr. Francis-Mr. Witchell has asked you know, about some silk samples?
Witness-Yes.
From what shop did you get those samples? -Chu Lun, Jervois Street.
Did you buy silk for Mrs. Witchell or did you only get samples ?-She asked me to bring some samples and I brought some.
Answer the question.-I did not buy any silk for Mrs. Witchell, but I brought some samples for her.
Can you fix on the day when she first spoke to you about any silk ?-It was four or five days before Dr. Ayres went away-before he gave a tea party.
Have you got samples for Mrs. Witchell on more than one occasion !—On two occasions.
You have told us the one occasion; when was the other?-On the following day or the day after
You have been in the Police many years and you know whether it is legal to detain you in prison without a warrant ? Well, I know it is illegal to detain a man without a warrant, but
you
told me that Mr. May and Mr. Mackie can arrest a person without a warrant. You told me during the interview I had with you up- stairs.
I asked you whether you know it legal to detain a man in gaol without a warrant.
Mr. Francis-I object. It is simply a silly waste of time to ask the witness a legal question. His Worship-I have already recorded that he knows a warrant is necessary.
Defendant (to witness)-You have been in gaol--
one to look after her.
Were there any complaints against you ?—No. You got $31.50 from Sam Yeen P-Yes. You got so much money from Sam Yeen: did you distribute it to the people as they came
for it P-Yes.
And Cheng On used to come every five days and get $17 from you?—Yes.
Defendant (cross-examining)-You say you paid every five days $5.55 to Cheong On for
No. 12?"
Witness-$5.50.
You paid him in full every five days ?—Yes. How much did you get out of that for wages? I deducted no wages from that.
In what money did you pay him?-In sub- sidiary coins.
All? Yes.
And how much did he receive for himself in addition to that $5.50 F-$3.50 and $8.
For himself ?-$3.50 was for himself. What was the $3.50 for ?-It was for him. What as I do not know; he told me to go to Sam Yeen.
Didn't he tell you what it was for?--He did
not.
You are quite sure ?—Yes.
Has Cheng On any interest in that gambling affair -I do not know.
You say you served twelve years in the
Mr. Francis-This is wholly irrelevant. His Worship I see there is a certain amount | Police ?--Yes. of relevancy in it.
Did you resign on your own account ?—Yes.
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