The-Hong-Kong-Weekly-Press-1899-07-29 — Page 4

Hongkong Weekly Press AND China Overland Trade Report All

3

THE HONGKONG WEEKLY PRESS AND

Mr. Slade-Does that take effect at the end of the six months, or do the terms run concurrent-

Mr. Francis-I would suggest to your Lord. ship that the two should run conenrrently.

His Lordship said he thought he need not take the other sentence into consideration. The 12 months would date from then.

never be lost sight of and that the Navy may never again be allowed to fall into the condition it was in fifteen years ago, whenly? Mr. STEAD electrified the nation with his “The Truth about the Navy." It would no doubt be an excellent thing if the world could be relieved of the burden of the excessive armaments it now maintains, but as things stand there is no disguising the fact that we are engaged in a race for Naval supremacy and that the lead we now hold over our rivals can only be maintained by continuing add to the Navy in a progressive ratio,

SUPREME COURT.

CRIMINAL SESSIONS. July 21st

BEFORE HIS HONOUR W. MEIGH GOOг. MAN (ACTING CHIEF JUSTICE.) THE CHARGE AGAINST A BANK SHROFF.

Yeung Cheung U, alien Yeung Kwan. for- merly shroff at the Hongkong and Shanghai Fank, was charged with falsification of accounts. He pleaded not guilty,

The jury was composed of Messrs. A. H. Silverthorne, A. C. Öldort, A. Abraham. J. Baptista, D. Kennedy, F. F. dos Santos, and Willy, von Uffel.

Mr. Francis. Q,C, (instructed by Messrs. Johnson, Stokes, and Master appeared for the prosecution, and Mr, Slade (instructed by Messrs Deacon and Hastings) for defendant.

The evidence for the prosecution was continu- ed. On it completion.

24th July.

THE UN LOONG MURDER CASE.

In this case there were two indictments against Ng Ki Cheung, Ng Tang, and Lui Tuk Lap-one charging them with conspiring to murder one Chan Kwai Tsui Tai at Un Loong on the 17th April, and the other charg ing them with the murder of the same at Un Loong on the 18th April.

The Acting Attorney-General (the Hon. H. E. Pollock), instructed by Mr. Bowley (Crown Solicitor) prosecuted; Mr. J. J. Francis, Q.C. (instructed by Messrs. lounsey and Brutton), appeared for the two first prisoners, and Mr. Melbourne for the third.

[July 29, 1899. When they got to the meeting house deceased was tied by the bands by the direction of second prisoner. First prisoner did not actually accompany them to the Un Loong meeting house, but he must have followed soon after.

in wards a obair It would appear that beside deceased there were also ar rested on that same day four other men, and these five men were bound hand and foot, also having chains round their necks, and taken to the Un Loong meeting house. Besides being bound and having chains round their necks they were also inside some crates used for carry. ing pigs. Of these five men two were subse

released-one upon the recom. quantly mendation of a man called Tang Ching Sz, who was one of the elders of A Chuen, and the other on the advice Tam Pak Tan. In the course of the afternoon first prisoner came over to a man called Chun On, who was a clansman of deceased, and had some conversation with him in reference to his putting up some bail in respect of deceas ed, but no arrangement was come to. While they were talking Tang Shing Sz came into the room and said that to-morrow morning there must be a fight, possibly referring to fighting the proceeding to read to prisoners the indictment Europeans. Tung Ching Sz also said:

"We charging them with conspiray to murder when must go out and fix the three," and it was sug- Mr. Francis, interrupting, said he objected to the gested that " these three" referred to the men While, the conversation Was Crown proceeding with this indiotment; there under arrest

£z called out Tang Chiog was another indictment on the file. Prisoners going

"Do not bail out these three." It was sng. were also indicted on the charge of murder in connection with the same person, and he sub-gested that this referred to the men under mitted that until that indictment had been dis- arrest and that it showed the intention of Tang posed of in some way or other the Crown could Ching Sz and the other people who were pre not proceed with a misdemeanour which was

sent to see that the men under arrest should be in fact merged in the felony. He knew of no

done to death. The Acting Attorney-General precedent for such a proceeding as the one detailing further conversation which took place in the meeting house said it would appear proposed by the prosecution.

that first prisoner said deceased "Wants to take

my life. He is not a good and ought to be killed. If I do not take him Then Lam Pak Tau said, he will take me." "The three are not good men and deserve to This meeting apparently took place die." somewhere about eight o'clock in the evening of the 17th April. Some hours afterwards, some. where about 11 o'clock. these same men went to the Sun Sing gambling house, which was only a few yards from the meeting house. Here Taug Ching Hai told Lam Pak Tau to engage

The Clerk to the Court (Mr. J. W. Jones) was

The Acting Attorney-General said that in view of this expression of opinion from his lordship he would proceed with the charge of

Mr. Slade addressed the jury for the defence. His Lordship, in the course of his summing

This point was argued for some time. ap, said-This is a charge brought under Or-

His Lordship ultimately remarked that he dinance 7 of 1890. Ordinance 7 of 1890, to

did not think he could go so for as to say that amend the law with reference to the falsifi- cation of accounts, simply introduces into this there was an absolute legal prohibition against colony the English Act of 1875, which was in-proceeding with the charge of conspiracy against these шер in the first instance, troduced in England by Sir John Lubbock,

but if he WES asked to indicate his owing to certain defects formerly existing in the English law. (See p. 186, vol. 1 of Stephen's opinion as to the proper course to pursue, he history of the Criminal Law of England.) thought the proper course was to dispose of the When I arrived in the colony as Attorney charge of murder in some way first, and then General the same defects existed in the law of when they had got the result of the murder Hongkong and if I remember rightly I got case to consider whether they would proceed with this Ordinance passed within two or three the charge of conspiracy to murder. months from my arrival, making our law in this respect the same as that of England. The Ordinance recited that it is expedient to amend the law so as to punish the falsification by olerks, officers, servants and others, of their employers' accounts, books, writings, or docu- ments. It is not intended to apply to forgeries or falsifications by others than clerks, officers, servants, etc., or in regard to books and doen. mente other than those belonging to or in the possession of such employers. Before you can convict the accused you must be satisfied beyond reasonable doubt (a) That the accused was a clerk, officer, or servant of the Bank when he made the entries: (b) That they were false. (e) That the book belonged to the Bank; (d) That he made the false entries: (e) That he made them with intent to defraud.

murder first.

The indictment for murder was then read over to prisoners, who pleaded not guilty.

Messrs. A. J. Rozario, F. C. P. Sachse, G. T. The following were sworn on the jury:- Veitch, A. H. Bottenheim, J.F C. Jebsen, G. Stewart, and A. Denison.

The Acting Attorney-General said prison ers were charged with the wilful murder of a man called Chan Kwai Tsui Tai at Un

Chinese authorities. It

Loong, which was a place in the New Terri- First prisoner tory, on the 18th April, 1899. was one of the elders of the village of Un Loong, and his brother was the other, but first prisoner was the principal elder, second pri- The jury retired to consider their verdict soner, being the son of first prisoner's brother, at ten minutes to four, and on their return five Third prisoner seemed to occupy a more or less minutes afterwards the Foreman (Mr. Silver-humble position in the place and to have been 籍 man called Tam thorn) announced that they unanimously found in the employment of defendant guilty on the first count and not Pak Tan, who figured rather largely in guilty on the other two.

this case and was apparently a

constable Mr. Slade reminded his Lordship that defen-employed by the dant was already undergoing six months' impri- would appear that deceased was wanted by the sonment for the theft of a bank book, and he

Chinese authorities on some charge or other and would like his Lordship to take that into that, the Chinese authorities had offered a re- connderation in sentencing his client.

ward of $250 for his apprehension. On the Mr. Francis—I would also ask your Lordship afternoon of the 17th April first prisoner and to take it into consideration.

Tam Pak Tan and some others were sitting in- side the ancestral hall in the village of Ah Chuen, mark seemed to have been made by somebody some miles distant from Un Loong. Some re- that deceased was present, and first prisoner gave orders for his arrest. Thereupon Tam Pak Tau and some others arrested deceased and in accordance with first prisoner's orders took him to the Un Loong meeting house. On the way they met second prisoner, who--he pre- sumed he had made some enquiries as to what they were doing-said something to the effet Take him to the meeting house." But he did more than that, he accompanied Tam Pak Tan and the others to the Un Loong meeting house.

His Lordship, addressing defendant, said You have been found guilty by the jury of having made false entries in this savings bank book. They did not believe your ingenious account of how came to make these false entries. I must assume that these entries were made by you in your employer's book at a time when you were a trusted employee of the Bank; but I do not forget that you did not put any European On the whole I think the justice of se will be met by imprisonment with Labour for 12 calendar months. I may don that the maximum punishment for this ölence is seven years,

on

man

a boat, and to tell the boatmen there were some pigs to be carried away. Lam Pak Tau did so and also engaged six coolies to carry the men in the grates to the creek. When the men got there they, as was not unnatural, began to call out, and the boatmen took alarm and went away, thinking it best not to have anything to do with the business. Then these men were killed on the banks of the creek and their bodies were

thrown into the water. The evidence would show that Lam Pak Tau fired two shots at deceased with a revolver. Whether those shots had a fatal effect or not he did not know. There was some evidence that third prisoner actually took part in rolling the crate contain- ing the deceased into the water. The Acting Attorney-General concluded by calling atten Lion to the circumstances which, he contended, established prisoners connection with the murder and showed that they were accessary

to the fact of this murder.

Evidence was then called, and the hearing was adjourned.

[The hoaring of the case has since beeg wus- pended owing to the indisposition of Mr. Francis.]

THE ACCIDENT TO THE “ BONA, VENTURE.”

[SPECIAL TELEGRAM TO THE DAILY PRESS."}

~HANGHAI. 24th July. H.M.S. Bonaventure, which went ashore off

gone to dock at Nazusuki, the Siberian coast. has been floated a has

FOUNDERING OF A JAPANESE STEAMER.

[SPECIAL TELEGRAM TO THE DAILY PRESS. Shanghai, 23rd July- The Nunobiki Maru while on a voyage from Nagasaki to Taiwan foundered on Friday 75 miles outside the Barren Islands. One boat, containing 13 hands has been picked up by the steamer Kiukiang.

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