August 25, 1900.1
far as could be proved. The man who did the worst escaped. The Attorney-General dealt with the law on the matter. He said it did not matter which of three men put his hand into a man's pocket; they were all guilty of robbery. He suggested that if one was armed in a robbery all were guilty of armed robbery. The poor man was killed; each of the men was guil. ty of murder. The prisoners made statements, and those statements were quite inconsistent with any idea that they were not there. There was no doubt about the prisoners being the peo- ple on board the boat. They might say that they did not do the deed-that the other man did. It was not until the 10th of July, three weeks after the robbery, that one of the women saw the first prisoner walking in Hung Hom between four and five o'clock. He was arrested and taken charge of, and later on he pointed out the second prisoner, who was arrested. The statements made by these men when charged and cautioned were:-The first prisoner said the choppers were not his-the man who escaped brought them with hiin. Afterwards, when re- turning those, the other two men robbed the persons in the boat. He told them not to do it. It was the first prisoner who cut the persons. The second prisoner said in answer to the charge, When Chong-she-ching went with me he said he was going to see Fung-shi. He said he intended to rob the persons and asked would take part. I did not assist him." Those were the statements made by the pri- soners. The first prisoner said it was the second. The second prisoner said he had no part in it. and that it was the man who escaped that did the robbery. He put it to the jury as a matter of commonsense that the man who escaped would not have attempted to do such a thing as this if he had not arranged beforehand. Those were the facts of the case, and if the jury were of opinion that the two prisoners were concerned in the robbery, then his Lordship would tell them that they were answerable for the act of the third person who escaped.
me if
5+
The evidence for the prosecution was then proceeded with.
The case had not concluded when the court
rose.
August 23rd.
THE ARMED ROBBERY AND MURDER IN
KOWLOON BAY.
Tang Lin and Lo Tam were again placed in the dock with two separate charges against them. They were charged first with the mur- der of an old man named Cheung Sau in Kow. loon Bay, on 21st June last. Prisoners were defended by Mr. M. W. Slade.
The following composed the jury-H. Rut- tonjee, P. de Champmorin, A. Weill, C. W. Richards, J. Helms, A. H. Mancell and E. J. Judah..
CHINA OVERLAND TRADE REPORT.
That charge of robbery would or might be tried by another jury. There was an indictment on the file and they had heard his Lordship direct the remaining jurymen to come back at two o'clock. That would probably be for the pur- pose of trying the indictment for robbery, which these men had undoubtedly been guilty of. What these two men were put on their trial for now was murder. It had appeared perfectly clear on the evidence, but in the popular sense of the word these two men never murdered the deceased at all. They did nothing directly or. so far as they could judge, indirectly, towards the killing of the unfortunate man. The third man who had the chopper in his hand seemed to have run amuck and chopped anyone he neither The two prisoners
came across.
1
THE CRI
IN CHINA.
LOUAL MOVEMEN18.
By the Purramatta on the 17th inst. - arrived details of the Royal Engineers for the garrisons at Hongkong and Weihaiwei. The arrivals included 2nd Lieuts. S. 1. Cargill, W. A. Kitto, H. L. Bingay, Sergeant-Majors H. R. George. and J. Fitzpatrick, one Sergt., one Bugler and 33 rank and file for Hongkong, and 2nd Lieut. E. D. Carr-Harris, 3 Sergeants, one Bugler and 42 rank and file for Weihaiwei.
The French gunboat Alouette left on Thurs- day night, 16th inst., for Shanghai, whither parted on the night following. the cruiser Friant and transport Cachar de
Besides the Sunda on the 17th inst. there also arrived from Calcutta the Fultala, bringing a squadron of the 16th Bengal Lancers (3 British and 4 native officers, 119 men, 93 followers, with horses and mules), a section of the 5th Veterinary Field Hospital, and details. The officers on board were Major Waldron, Lieut, Sarel, Lieut. Pallin, A.V.D., and Lieut. Baird. A.M.S.C. The Fultala left on the 19th inst. for 'I aku.
The Sunda arrived on the night of the 17th in the harbour bringing a squadron of the 16th Bengal Lancers (3 British and 5 native officers, 112 N.C.O.'s & men, 99 followers, 180 horses and tried to kill anyone themselves, nor did they 21 mules), 57th Native Field Hospital (one British assist the third man in his attacks on the boat-officer, 8 N.C.O.'s & men, 61 followers), seven people. Therefore the jury might be surprised British officers of the Cavalry Brigade Staff, at these two men being indicted for murder, and details. The crime of murder had been known and had been punishable by our law in England for many centuries, and there had grown up what he might call a distinct species of crime, namely, a crime which had been called the crime of constructive murder that was to say, it had been held by learned judges that people who did not kill real ly, who did not intend to kill, and who did not do anything with any intention of doing harm, might be found guilty of murder, and what the jury would have to consider in this case was this: Who.her or not these two men came with in the definition of constructive Lurder which would be laid down to them by his Lordship; and in considering that question they would bear in mind that it was their duty and their privilege to give the prisoners the benefit of any reasonable doubt which they might have in their minds. They must also bear in mind that in saying that the prisoners were not guilty of murder the prisoners would not escape punishment. They would be tried for robbery and would undoubtedly moet with their deserts. Mr. Slade proceeded to quote cases from which he argued that the prisoners did not come within the definition of constructive murder.
The Attorney-General in reply contended that the evidence showed that the two prisoners were engaged in an armed robbery concerted between them in which it was intended that violence should be used to terrify the victims and overcome or prevent resistance.
On the 18th the Muttru arrived with the
2nd Coolie Corps and part of the 54th Native Hospital. The following officers were on board:
Majors Steele and Thompson, Lieut. Garralt."- On the 19th the Ula arrived from Calcutta
with a squadron of the 3rd Bombay Cavalry (3 British and 6 native officers, 121 men, 122 followers, with horses and mules), and part of the 57th Native Field Hospital. The officers on board were: Lt. Col. A. Phayre, Capt. Alexander, Lt. Hopwood, Lt. McGilchrist, I.M.S.
The Umta returned. from Taku on the 17th, and left for alcutta on the 19th.
On the night of the 19th the troopship Clive arrived in the harbour, bringing the 34th Pioneers (8 British and 11 native officers, 453 N. C. O.'s and men, 63 followers, and 15 horses) for Hong- kong, 1 British officer, 7 men and 61 followers of the 41st Native General Hospital, and 1 British officer, 6 men and 7 followers of the British Sec- Each took a part in the violence, and the violence used by the third robber was so great tion, Hospital Ship. The officers on board were
It is
Lient. Col.ooke Collis, Capts. Holland and that, in the result, he killed the old man. not disputed that the third robber who has, Gilbert, Lieuts. Barratt, Stanley Clarke, Jenn- so far, escaped is guilty of murder. The ques-ings, 2nd Lieut. Drew, Lieut. Hutcheson, tion is what is the responsibility of the two. M. S., Capts. Spencer and Richard. prisoners, and the Attorney-General contended that they were each of them responsible for the acts of the third man and in point of law guilty of murder. His violence was the violence of all. It was used in pursuance of the common purpose to rob with violence, and in accordance with the decision of the Judges in the Sissinghurst House case, decided more than two centuries ago and still good law, cited as such in the modern works, the stroke which killed the old man was in point of law the stroke of the act of the two prisoners in the dock-in all the three taking part in this armed robbery. fact that there was no evidence to go before the This was in accordance with the doctrine laid jury that they had committed murder. There down in the case of Rex. v. Smith. that if one or was evidence that they had committed robbery. more of a gang of robbers are proved to have His Lordship said he always thought the best arms all the gang may be deemed to be armed. course was for counsel to put their view of the The others take the benefit as well as the res- law before the court and jury, that was to say,ponsibility of the arms carried by their com- if the case was going to the jury. He under-rades, and might be found guilty of armed rob- stood that Mr. Slade wished to argue the point bery although they were not themselves carry- that there was no case to go before the jury.
The evidence being completed, the concluding speeches were delivered.
Mr. Slade said that in this case, before ad- dressing the jury, he ventured to submit that there was no evidence of common intention such as would make the act of the third man
Mr. Slade Yes.
•
His Lordship-I do not agree with you. State to the jury what your view of the law is and cite any cases you wish, and I will direct them on the law.
Mr. Slade, addressing the jury, said that in this case there were a number of facts which were perfectly clear and on which they could have no reasonable doubt at all. It was per- fectly clear that three men the two men in the dock and another man who was not in custody-took a sampan at Hung Hom and crossed to the other side of Kowloon Bay; that they there landed for a short time and got into the boat again, and on their way back across Kowloon Bay they robbed the boat-people of their belongings. The charge which the jury were trying was not a charge of robbery.
ing arms. He, therefore, contended that both prisoners are responsible in point of law and are guilty of murder.
His Lordship having summed up the jury returned to consider their verdict.
After an absence of a quarter of an hour they returned, and the Foreman announced that they had returned a unanimous verdict of guilty against both prisoners.
His Lordship then assumed the black car
and passed sentence of death.
Mr. Joseph Walton, M.P., who has recently returned to England from an eight months journey in the East, has in Messrs. Sampson Low's hands a volume, entitled China and the Present Crisis, with Notes on a Visit to Japan. It will be published almost immediately.
|
On Monday morning, 20th inst., the transport Upada arrived in the harbour, having left Calcutta on the 5th. She brought a squadron of the 3rd Bombay avalry (2 British and 4 native officers, 119 N.C.O.'s and men, and 83 followers, with horses and mules), 1 British officer, 5 men, and 58 followers of the 57th Native Field Hos- pital, and details. The British officers on board were Lapt. C. S. Stack and 2nd Lieut. E, M. Mayne, of the Bombay Cavalry, and Lieut. Thomson, I.M.S.
The three Italian transports, Giava, Marco Minghetti, and Singapore, arrived under convoy
of the cruiser Stromboli. The Stromboli is a 2nd class cruiser of 3,475 tons displacement and 7,394 i.h.p. Her armour is 5 in., gun position, and 1.5 in., deck; her guns, two 9.8 in. (Armstrong), six 5.9 in., one 2.9 in., five 2.2 in. Q.F., eight 14. in., and two maxims. She has four torpedo-tubes, her speed is 17 knots, and her complement 315 men. The Singapore brings the staff of the expedition, composed of Colonel Garioni, Capt. Allievi, Lieut. Verri, and Capt. Arango; and an infantry battalion, under Col. Salsa, composed of four companies, commanded by Captains Bertolacci, Falletti di Villafalletto, Capaldo, and Bellotti-Bon. The staff of the battalion is Lieut. Col. Salsa, Lieut. Adjutant Major Amorosi, Lieut. hiarini, Surgeon- Lients. Lanza and Macchia, Lieut. Paymaster Manni, and Veterinary Lieut. Vigo. The Minghetti brings a battalion of Bersaglierf, the staff being Major Agliardi, Lients. Sibilla and Capocci, Surgeon-Lients. Scalese and Benvenut. Lieut Paymaster Giovannoni, Masserotti, Veterinary Lieut. Di Miceli. The four com- panies of the Bersaglieri e commanded by
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