150
person having or appearing to have the care or management of such place and also any person who shall act in any manner assist- ing in conducting the business of any such place or keeping watch in or about the same.'
The evidence against the first defendant on this point is that he was seen on the night in question by Yan Cheong P.. 262, one of the witnesses for the prosecution, to take in two stakes, pay to the second defendant the sum of $5 which he had won, and also to have received 25 cents as his percentage or commission, which he charged on the amount won by the second defendant. On this evidence I have no hesita. tion in declaring the first defendant as the person having or appearing to have the care or management of such place."
It was contended by Mr. Mounsey, the solici- tor for the defendants, that, on the authority of Reg v. Cook, 1884, 13 A. B. D. I ought not to hold the first defendant liable as a keeper. have read through the case, and I am of opinion that it has no application whatever to the present case. The point decided was in connection with a special Act of Parliament (16 and 17 Victoria C. 119) directed to the suppression of betting houses. As Mr. Mounsey seemed to rely strong ly on this case it will be necessary for me to refer to the case rather fully.
THE HONGKONG WEEKLY PRESS AND
casy
of any of the games mentioned in a A or for the purpose mentioned in B in section 2."
this It is necessary for me in
to give a definition to the meaning of the words" if kept or used" in this said section. The word "kept" here in my opinion refers to a Club really opened for the purposes of gam ing as its main and principal object and not a more social club in which gambling, even to a considerable extent, was auxiliary. The word "used" in the section refers to a club kept opened for a double purpose, viz. an honest social club for those who did not desire to play, as well as for the purpose of gaming for those who did. On the evidence bafora me I am of opinion that the Club of which the defendants were members comes within the second or latter class.
I, therefore, convict the 1st defendant of the charge of keeping a common gaming house, to wit No. 7, Li Yuen Street West. and I order him to pay a fine of 3250, in default of which he will be imprisoned and kept to hard labour for 3 months. I also convict the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th and 9th defendants of the charge of playing in a certain house kept as a common gaming house,
to wit No. 7. Li Yuen Street West, and I fine them each a sum of $10, in default of which they will be imprisoned and kept to hard labour for one month. There was no evidence of gaming as regards the 10th, 11th, and 12th defendants. I think it is clear that they were merely domestic servants. There are accord ingly discharged. I further direct that the implements of gaming found on the promises be forfeited to the
The appellant Cook was the manager of bicycle grounds in Leicester. Bicycle races at which 20,000 people were present took place there. Placards with the wording "No betting allowed" were posted on the grounds, and twelve police constables were employed there by the manager, but some betting took place about 20 yards from the winning post, where he stood acting as judge of the races. He was aware that betting would and did take place but could not wholly have prevented it under the circum- stances, although he might have repressed it to THE GAGE STREET CUTTING AND
any
a certain extent with the aid of the constables. Held by the Divisional Court (Hawkins and A L. Smith, J. J.) that as the business of the grounds was not that of illegal bet- ting within 16 and 17 Vict. c. 119, §1, he was not liable to conviction under §3. as a "person having the case or management of, or in any way assisting in conducting the business of place opened, kopt or used for the purposes aforesaid." The rea- son why the conviction was quashed was not because the appellant Cook was not a "person having the care or management of" &c., but be- cause the business of the grounds was not that of illegal betting. As Mr. Justice Hawkins says in his judgment, He was no doubt in every sense a person having the care or management,' and a person assisting in conduc- ting the place in question, viz., the business of bicycle grounds. But the business of bicycle grounds was perfectly lawful. The em- ployer of the appellant did not countenance using them for any purpose contrary to the Statute. But that was no part of the appellant's duty."
42
<+
On behalf of the defendants in the present case it was contended that this place was an ordinary social club and that gambling was against the rules of such club. In support of the allegation the rules were put in. Two of them are as follows:-
:-"This lub will prohibit gambling large or small; offenders will be fined and the members of the Club concerned will be expelled." Visitors of this Club will not be allowed to break the laws of this colony and the offenders will be unpleasantly sent away in stantly." In the case of Jenks and others (Apps) and Turpin and another (Resp.), better known as the Park Club case reported 50 L. T.. N. 8. 808, very similar rules to the -present ones were put in to support a similar contention of the appellants. Mr. -Justice Hawkins in his judgment said with respect to these rules, One could almost im- agine that these rules were framed expressly in order that they might be set up, if necessity arose, to vindicate the character of the Club as one of a non-gambling character." I adopt the words of the learned Judge and apply them to the present case. The question of social clubs being used as gaming houses is expressly re- ferred to in Section 3 of the Gambling Ordi- nanos 1891. The section reads as follows;- A place which is used as an ordinary social club to which the public at large have not access. shall nevertheless be deemed a common gam- ing house if kept or used for the playing
rown.
Leave to appeal was granted.
WOUNDING CASE.
At the Magistracy on the 23rd inst, before Mr. Hazeland, a Japanese, said to be a seaman and named Yamanaka Tobochi, was charged with cutting and wounding a Japanese doctor named Ka Kinchi. He pleaded guilty.
Mr. H. Hursthouse (Messrs. Dennys and Bowley), who appeared for the prosecution, said that in this case he should ask his Worship to commit the accused for trial in the usual way to the Criminal Sessions. He would just state the facts briefly, and would then have to submit that this was not a case which his Worship should deal with.
His Worship-You submit that six months is not sufficient punishment?
Mr. Hursthouse said yes. He was pro scut- ing under section 18 of Ordinance 4 of 1865. The prisoner was a perfect stranger to th pro- secutor up to last Sunday. The prosecutor was a Japanese doctor, and the prisoner went to his room in Gage Street and asked him to prescribe for a stomach complaint. The docto pro- He mixed some me lioine ceeded to do this. and directed him how to take it. The parties were then sitting down and the pri- oner suddenly jumped up without any warn- ing, drew a clasp knife out of his breast pocket, and stabbed the prosecutor on the left side of the head. The prosecuto: rose from his chair apparently and raised his arm with a view to ward off a blow, and he was stabbed a second time in the arm. It would really seem on the face of it as though there was absolutely no motive of any kind for such & crime. But the circumstances were so suspicious as to lead one to suppose that there was something else behind. hey could not go into that at present, more particularly as the prisoner had pleaded guilty. Botween now and the sessions a certain time would elapse, and it was quite possible that at the sessions some other matters would be brought forward.
•
His Worship-What do you suggest? Mr. Hursthouse said evidence as to a very serious charge might be forthcoming. He could not go into it then. He was simply going to prove the unlawful wounding. He, however, only first pointed that out in passing. His application was that his Worship would commit the case for trial.
Mr. Hazeland-You suggest it is quite possible you may have to take other proceedings of another nature against the prisoner ?
:::
[August 25, 1900.
Mr. Hursthouse -I think so, and possibly against others; but I cannot go into that at present.
His Worship-It seems a most extraordinary case. There must be something behind it-- Were the wounds very large ones? ·
Inspector MoLennan-About two inches long.
His Worship decided to hear some evidence so that he would be able to judge whether it was a case for the Criminal Sessions or not.
The evidence was accordingly proceeded with. The prosecutor said he was a medical practi- tioner and had been in Hongkong since August, 1898. He was living at No. 11. Gage Street. He saw the prisoner for the first time on the 19th August in his room in Gage Street about 11.30 in the morning. He came to ask him for some medicine, as he complained about his stomach. He prescribed for him, mixing him some medicine and putting it on the table. He told him to take it three times a day and then sat down. At that time they were both sea ed opposite each other. Then the prisoner This fel- got up and drew a knife, saying. low," or something to that effect. The knife produced was the same.
£1
He then stabbed him on the left side of the head. Witness got up and the prisoner cut him on the arm. Witness Besides himself and the remained in the room. prisoner a Japanese woman was present. She was called Omune. After stabbing him the prisoner ran into the street. He next saw the prisoner in the charge room at the Central
Police Station about an hour afterwards and
made a charge against him. Witness was carried from his room to the Police Station in the ambulance and was subsequently taken to the Government Civil Hospital.
The prisoner had no questions to ask.
The Japanese woman Omune was the next witness. She said she resided at No. 9, Ship Street, and was at No 11, Gage Street, on Sun- day morning last. At about 11 30 she saw the prisoners there. He asked the doctor to give. him some medicine, and the complainant mixed- some, placed it on the table, and told him to take it three times a day. As soon as the medi- cine was placed on the table the prisoner got up, saying. What! this fellow? and stabbed the complainant on the head-on the left tem- ple--and then on the laft arm. The prisoner ran away. She followed him into the street and called for help, and some China boys She saw the prisoner chased after him. again in the charge room about half-an-hour afterwards. She knew the prisoner by sight. She had never spoken to him, and did not know what his occupation or profession was.
The prisoner had no questions to ask. Chu Yik, houss cook at No. 7, Gaga Street, a Japanese house, was next called. He said on Sunday morning last, at about noon, he was standing at the door of the house when he heard a noise opposite, proceed- from No. 11. He ran across, and in a room on the floor he saw a Japanese man holding his hand. The complainant was the man. He saw a man run out into the street and ran up the
street. was the man. Witness chased him into the Public Gardens, and saw a sergeant who was down below stop him.
Witness chased him. The prisoner
The prisoner had no questions to ask. - Sergeant Williamson said that on Sunday, at about 12 15 p.m., he was in Upper Albert Road, near the Public Gardens, when in conse- quence of what a Chinaman told him he arrest- ed the prisoner, whom he saw there. When he first saw him the prisoner was dodging behind the trees. He brought him to the Central Polica Station and searched him in the charge room. He found -ot his person the knife produced.
The prisoner had no questions to ask. The case was adjourned until the 'afternoon to allow of the attendance of Dr. Ball.
In the afternoon evidence as to the nature of the injuires received by the prosecutor was given by Dr. Bell, and Mr. Hazeland committed the prisoner for trial.
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Th tingaishable at once from their size.
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