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THE HONGKONG WEEKLY PRESS AND
per annum, and his allowance for knowledge of Chin se $60 per annum. In reply to Mr. Bowley, he said there was a regulation in the Department prohibiting the acceptance of presents by Government servants.
Mr. Slads asked if there was any charge of breach of Government regulations?
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Mr. Bowley replied in the negative. Mr. Blade then intimated his objection to the question, aud bis Worship noted the fact.
Cross-examined by Mr. Slade, with ss sa'd be had always found the defendant e ergetic, conscientious officer, who enforced the market bye-laws rigorously. Witness had noticed no omissions on the defendant's part to enforce prosecutions for breaches of the bye-l.ws. On one or two occasions the defen- dant complained to him of trouble h was having with Chia se in the markets, who were offering him money. Two or three days before te pres- nt charges were made he reported that certain dealers in the Western Market had offered him $150 through his house-boy. Wit no s did not know whether the police had taken any action in regard to that matter; he forwarded a minule relating to it to the Secretary of the Sanitary Board, the source of his official com. munications, and received in reply a minute asking if he had any further information to communicate on the subject.
up his duties as insp:otor of markets, he threat- ened a poultry shop named the Sun Fu with prose- cution for blocking the thoroughfare with crates. The Fun Fu reported the matter to the guild, and the guild held a meeting. At that time the Sun Fu shop was keeping the accounts of theruild, and the meeting was held in the shop of the Sup Fa. The guild came to certain conclusions in the matter, and as a result of the meeting Fung Yun, a s lösmen in the Sun Fu shop, on 15th April, 1902, obtained from the accountant of the guild ten dollars in bank. notes, which he gave to the defend.nt in his quarters at Nos. 1 and 2, Chater Street, Kennedytown. No prosecution for blocking the thoroughfare was taken after that. In the eighth month of the Chinese year, roughly, in September, 1902, the Leung Pak poultry shop was keeping the guild funds. The defendant had been giving them a considerable amount of trouble in various ways, and a meeting of the guild was called, as the result of which $17 of the guild money was handed by the accouutant of the guild to the defendant in bis quarters at Chater Street. At Christmas time it was a well-known custom, continued Mr. Bowley, for the Chinese to make presents to European customers and friends. The guild called a meeting to discuss the pres nts to be given, and and as a result of that meeting Chan Wong master of the Yuen Hop shop, and Li Kau, master of another poultry shop in the Western Market, were deputed to g and see the defendant. Chan Wong received $120 aud Li Kao 830, and th. the took to the defendant at his quarters, along with some poultry and fruit and other customary presents. Thes were the cases in which the poultry guild in the Western Market was concerned, continued the Crown Solicitor; the remaining charges concerned the poultry guild in the Central Market| Evidence would be called to show that at Christmas a consulta-before-$500. tion of that guild was also hell as to the presents to be given to the inspector of markets.
Mr. S'ade interrupted to say that he should object to any evidence as to what took place at any consultation in te Western Market or the Central Market.
Mr. Bowley, resuming, said he would prove that the guild held a meeting, and as a result Ip Chung, one of the partners in the Yeung Fat Loong shop, approached the defendant and asked him what kind of present he would like for Christmas. The defendant said "It is not necessary to buy anything give me the money and I will buy a present for myself." Another guild meeting was held, and as the result of that meeting three Chiuamen obtained from the guild a banknote for $100, four boxes of cigars, and some other small things, and went together in rickshas to the defendant's house on the afternoon of Christmas Day. When they arrived there they did not see the defendant; they saw two other Europeans, who told them that the defendant was on the roof. Presently the defendant came down with another European, and signalled to the three Chinamen to stop wher, they were on the verandah. Ina short time the defendant and the three Europeans went to another part of the house; the defendant came back alone and spoke to the three men, who handed him the money and cigars. These were the five charges in the case, which Mr. Bowley said he should endeavour to prove. It was well known that in the summer of this year poultry in the Western and Central Markets were found to be infected with plague, and in consequence a thorough cleansing of the markets was made. The poultry stalls at the Western Market were removed to the Praya while the pens were being cleaned out, but the poultry stalls in the Central Market. were not dealt with in such a summary way. The old pens and crates were burnt up, by order of the Sanitary Board, and that order defendant had to see executed. As the result of these opera- tions the poultry dealers went in a body to the Registrar-General's office and made representa- tions as to what had happened; following that visit Mr. Clementi, the Assistant Registrar- General, laid the information in the case.
Adam Gibson, Colonial Veterinary Surgeon, the first witness called He said the entire control of the markets of the Colony was in his hands, and that the defendant operated under him. The latter's salary was $1 14) per annum, plus kehange compensation, his "llowance for house 360 per annum, onverance allowance $360
Fang Yun, salesman in the San Fa poultry sh.p. Western Market, described a visit he said he made on 14th July, 1992, to the defen- dant's house. Tle defendant had threatened to pro-ecate tlhe Sun Fa shop for obstruction, and it was fol'owing that "threat that ths visit was paid. Witness took with him $10 of the poultry guild's money, and gave it to the defeudant. No one else was present. No prosecution for obstruction followed,
The hearin was adjourned.
The defendant was liberated on bail as
The hearing was resumed on Thursday. Mr. H. J. Ged je appeared on behalf of the poultry guild and of each witness called for the prosecution from the poultry guild.
Mr. M. W. Slade, who appeira for lo defendant, look up the cross-examination of Fang Yuu, the witness whore examination by Mr. F. B. L. Bowley, Crown Solicitor, con o uded on the first day, and whose evidence was to the effect that he gave the defendant $10 in order to avert a threatened prosecution for obstruction.
In answer to Mr. Slade, Fang Yuu said it took about twenty minutes to walk from the Western Market to the defendan's house in Chater Street. He rang no bell and no servant appeared; he simply op ned the do r and walked in, asking nobody's leave to do so, When he entered he went into the place where the defendant's desk was; he did not know whether that lace was a room or merely a passage. He saw only the defendaut there, and when he left the house he went straight back to the market, arriving in time to get his break.as, Witness did not know whether his shop had more than once ben warned for in- fringements of the market regulations, nor did he ses whethe¦ fish-buwkers sold fish in front of the stall of the shop.
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Mr. Slade-You did not see, but did you hear? Witness-No.
Leung Sam, accountant iu a poultry shop at 12, Western Market, was the next witness, Last year, he said, his shop k pt the accounts of the poultry guild and a payment of ten dollars was made to Fung Yun of the Sun Fa shop.
At this point the witness was warned, on Mr. Gedge's suggestion, that he need not answer any question that might tend to incrim- iuate himself.
"Who authorised you to give Fung Yun this ten-dollar note ?" asked Mr. Bowley
Mr. Blade objected to this question, because it related to a conversation not uttered in the presence or hearing of the fendant.
His Worship decided to allow the question, and to note the objection.
The question was accordingly put, and after the witness had been again cantioned at the request of Mr. Gedge, the answer was given that all the members of the gui d authorised the payment of the money, which was the property of the grild.
Mr. Slade did not cross-examine when Mr.
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[July 4, 1903.
Bowley's examinatiɔu, which did not last long. ceused.
Yeung Su, acconofaut of another poultry shop in the Western Market, was called and examined on the same lines as the previous witness. He knew the defendant, he said.
Mr. Bowley-Did you ever pay him any money?
Mr. Gedge I want the witness cautioned, your Worship,
The ciation was administered and the answ‹ r cam"-"Yes, $17." The money came from th guild, witness added.
Mr. Slade took objection to what ho termed anding question by M. Bowley, and the Crown Solicitor retaliated that his friend's „objections were frivolous.
His Worship again allowed the question and not the objection.
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Mr. Bowley then repealed his question "Who authorised you to gifo the money
Mr. Gedge-1 wait the witness cantioned. your worship.
The caution having once more been duly ad- minister d, the witness said the members of the guld authorisel th pynt of the mɔnev, whi h he gave to the defendant At his hous in Chafer Street, remarking In... spector, this money is presented to you by the guild." The defendant asked in Chineso if that was a.l. Witness said it wrs and went away.
Cross-examined-Witness did not go to de- fendant's house on 1st June last on account of am ssage sent by the defendant that he wauted to see some of the poultry guild people.
Mr. Slade D.dn't you go to his h use on the 1st or 2nd June and receive from him $15) which had been given to bis" boy?"
Witness-No such thing I was away in the country at the tim”.
Mr. Slade-Away in the country, were you. You'll have an oppor unity one day, I hop, of changing places with the inspector £ r offering
him a bribe.
His Worship-The witness must not be intimidated.
Mr. Bowley-Fortunately the witu 'ss doos not understand English, your Worship.
Chan Wong, master of the Yuen Hop poultry shop, Western Marke', said he know the defe dant.
Mr. Bowley-Have you ever given him any
I wish him warned, your
mosey.
Mr. Gedge Worship.
The witness was warned, and replied “Yes.” Mr. Bowley-How much?
Mr. Gelge- Warn him again, please. Again the process of eutioning was gone through, after which the witness replied that he had given the defendant $ 2) on 24th Decamb r ast.
Mr. Bowley-Whose money was it? Mr. Gedge-Wara bim, please.
The warning having been given, the witness said the money belonged to the poultry guild. It was paid to the defendant at his house, i ut whether he walked there from the Western Market or rode in a ricksha witness could not remember. The inspector was alone in the house, and when the notes were handed to him he put them in his pocket. Another Chinaman who acco apanied witness also gave the defen- dant some guild money-$30.
Mr. Slade reserved his cross-examination of the witness until this afterno^n at 2.15, when the hearing will le resumed,
Mr. Bowley, as the defendant was leaving the Court, Esked his Worship to increase the amount of the bail. Five hundred dollars was not enough, he s id, considering the serious nature of the offence.
Mr. Slade-Well, I do think tha'. is hard lines, coming from the Crown Solicitor. don't know who has put him up to it.
Mr. Bowley-No one bas put me up to it. Continuing, Mr. Slade said the defendant had ha twelve years' service in the Colony) and this was the first charge over brought against him. His wife at that moment was lying very ill, he had a family to look after. and if his bail was increased he would probably have to spend his time in prison. The object of i ail was notɖo punish a man in advance, it was to ensure his presence in Court to answer any charge, and in the case of the defendant there was hardly the slightest chance of his leaving the Colony.
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