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68
Tuesday, 1st July
IN CRIMINAL JURISDICTION.
BEYORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHILE JUSTICE).
HE CHARGE AGAINST||INSPECTOR MCEWEN. Robert Gardener MoEwen was empanelled on a charge of having on 15th July, 1902, being then Inspector of Markets, unlawfully accepted a bribe of $10 from one Hung Yung with a view to influence his conduct in the performance of his duties; on 14th September a bribe of $17 from Leung Sin; on 34th December bribes of $120 from Chan Wong and $30 from Lai Kun; and on 25th December $100 from Jp Cheong and two others.
He pleaded not guilty, and was defended by Mr. M. W. Slade, barrister-at-law (instructed by Mr. C. E. H. Beavis of Messrs. Wilkinson & Grist, solicitors).
The following special jury was empanelled:- Messrs. H. Pinckney, A. OD. Gourdin, A. G. Raymond, W. H. Potts D. W. Craddock, F. H. Asjanee, and E. W. Rutter.
THE HONGKONG WEEKLY PRESS AND
(July 27, 1903 -
Mr. Slade--And so was got rid of for the time being?
The Attorney-General objected to such a remark. When a public official was charged with a serious offence like this it was only right that he should be suspended from his duties pending (rial.
{ guild. Evidence would be that on 14th July de- | ing-out and burning of the peus took place fendant had threatened to pros-cute a poultry early in June, about the 4th. In the shop for blocking the thoroughfare. Next day beginning of that month plague was also the poultry guild sent a salesman to defendant's discovered among fowls in the Central Mar- house and he gave defendant $10. The second ket. In each case where a plague-infected Towl charge was that he received $17 from the same was found the stall and the new pens were guild. The third charge was that on 24th disinfected and the old pens were burned. · This- December he received two separate sums work was still going on immediately before amounting to $150 from two masters of a shop. these charges were made. As a result of the Shortly before Christmas the guild called a charges defendant was arrested on the 17th June meeting and in consequence of that meeting and had been enspended from his duties as the two masters drew $150 guild money, went Inspector of Markets. to defendant's house and gave him the money, at the same time presenting him with some capons and other birds as Christmas presents. Now a person could not receive presents from persons against whom he had to enforce certain restrictions without there being an intention on the part of the giver to iufu- ence him in their favour; and the Inspector could not have been unaware of the intention with which these were given. About Christmas time the poultry guild of the Central Market also held a meeting and consequently one Ip Cheong went to the Inspector and asked him what he would like for a Christmas present: Ip Cheong would tell the Court that defendant said "Give me the money and I will buy something for myself." Ip Cheong reported this at another meeting of the guild and was authorised to pay the Inspector $100. The money was pat in an envelope addressed to defandant and on the afternoon of Christmas Day was given to him in his house by Ip Cheong in company with two other men.
Evidence was then called.
A. Gibson, veterinary surgeon, who has sanitary control of the markets, was the first witness. He deposed that defendant took charge of the markets on 1st May, 1902. His salary was $236 a month. His duties were to see the markets kept clean and the bye laws carried out. The European overseer and scavenging coolies were ander his charge. He had also to sees to the enforcement of the laws with regard to food adulteration and to prosecute if witness decided that a prosecution should take place. Rule 421 of the General Orders prohibited any public servant from accepting presents.
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The Attorney-General Hon. Sir Henry S. Berkeley (instructed by Mr. F. B. L. Bowley Crown Solicitor) conducted the prosecution. In his opening statement, the Attorney-General said that the evidence n show that defendant received from certai | all-holders in the markets certain presents in the shape of money and goods and if the jury found that he received these presents, he thought they could only come to the conblusiou that they were given to him and accepted by him for the illegal purpose charged-namely to bribe him to refrain from the enforce- ment of the laws and regulations of the markets. The case was one of great gravity and seriousness both from the public point of view and from the point of view of the Inspector himself; therefore he was sure the jury would without any request on his part bring to bear on the facts presented to them the most careful consideration. He did not desire in any way to prejudice the minds of the jury against the defendant, but be feit it to be his duty to recall to them the fact that it was absolutely necessary in the public interests that officers in the public service Cross-examined by Mr. & lade-These charges should be pure and that they should dis- were first brought about the 17th June. Witness charge their duties without fear, favour took up the position of veterinary surgeon or affection. If they came to the conclusion towards the end of April last year. His duties that as a fact the presents were given to brought him into close touch with defendant who the Inspector and felt that there was only was under his immediate orders. He supervised one conclusion from that, namely the cou. defendant's work. Defendant carried out bis clusion that the presents were received with the duties well. Since he had been in charge of object of improperly influencing the Inspector, the markets the bye-laws of the markets had it would be their duty ak guardians of public been rigorously enforced. So far as he had morality and the public interests generally to
seen there had been no favour showa. It was find a verdict against him. On the other a fair description of the defendant to call him hand, before they took the serious step of a zealous and energetic officer; that was so far finding a man in his position guilty of the as he knew. Of his own knowledge he had serious offence of bribery they must be noticed a difference in the state of the markets quite convinced in their own minds that during the time defendant was Inspector; the he did accept the bribes as charged against markets were kept cleaner and the stall- him. Before defendant entered the service he holders complied better with the bye-laws. was a policeman. He left the police force and In the case of trivial offences on the part of stall. was employed as Inspector of Markets. Every holders it was defendant's custom to warn them. body, of course, who accepted an office of public Defendant had verbally reported to him this trust must be taken to be aware of the impro-year cases of people in the markets offering him priety of receiving a bribe'; still more so must a bribes. About the beginning of Jone he made man who had previously been in the police an official report to the effect that an euvelope force. If they came to the conclusion that containing $100 along with some other presents these presents were received they need not had been left at his house, while he was out, by hesitate to feel sure that defendant must some poultry-dealers from the market. This have known it was wrong to receive them report was forwarded to the Secretary of the His previous history training, and ex-
Sanitary Board, and he understood, was investi- perience must have taught him that as gated by the police. There were no results so Inspector of Markets he could not accept far as he knew of these enquiries. In the end any presents from any persons against whom of May, in order to deal with plague in the he had to enforce the laws and regulations of markets, defendant was instructed to seize any the markets. The markets appeared to be doubly dying fowls and send them up for examination. controlled. The Registrar-General had the A number-first of all from the Western letting of the stalls; the Sanitary Board were Market-was picked out by him and a large responsible for the wholesomeness of the food proportion was found to be infected, in con- and the cleanliness of the markets. The in- sequence of which the poultry section was dis- spectors were employed to not under the direction infected about 27th May. After that it was of the Sanitary Board. Defendant's duties were still found that fowls were dying and other to see to the wholesomeness of the food and that measures were taken to eradicate the disease. the place in which it was sold was kept in a The poultry-dealers were asked to move down sanitary condition. In the course of his duties to a matshed opposite the Harbour Office and the Iuspector had to prosecute if the rules and their stalls were disinfected. The pens in use regulations were not observed. The business in the Western Market with the exception of of the markets was carried on by various trade one or two new ones were burned. Defendant ' guilds each trade in each market haring its was actively engaged in this work. The mov-
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Mr. Slade-I was only asking the question. His Lordship said that the remark should not have been made.
Examination resumed-It was the Inspector's daty to keep a diary. (Diary produced and identified.) It appeared to witness to be quite in order. On the morning of the 15th July, according to the book, he began at the Sai. yingpoon Market at 7.30, west from there to the Western and Central and then came to see witness at 9 o'clock. After 9 he went over to the Kowloon cattle-depot. If the times- in the book were correct defendant could not have gone back to his house in Chater Street before going to Kowloon. Shortly before Christmas defendant took charge of the slaughter-house in addition to his other duties On the 24th, according to the diary he was on duty in the slanghter-house at 11 a.m.; in the afternoon his last entry of slaughter- house work was 5 p.m.; at 2 o'clock he was issuing firewood to the butchers. He was not allowed to leave the slanghter-house while on duty. If a man did his work he would be kept- there all the time.
Re-examined-Defendant's house was about five minutes' walk from the slaughter-house. He had not seen defendant taking his meals in the slaughter-house. Defendant kept a ricksha- with two coolies usually; he did not remember having seen him with three but had seen him with only one coolie. From his house to Saiying. poon would be about 15 minutes' rickska drive. He was aware that the defendant's conduct was being investigated before any charge brought against him, and that anonymous petitions against him had been received at the Registrar-General's department,
WOS-
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Mr. Slade said this was new matter entirely, its introduction. He and he objected to had been instructed that anonymous munications had positively flowed into the Registrar-General's department charging the defendant with every crime from murder down. The Attorney-General said his learned friend's- statement reminded him of the old doggerel—–
"The man who smokes and reads the Times,
And goes to Christruas pantomiines Is capable of any crimes." When the re-examination was finished, Mr. Slade asked leave to cross-examiue.
His Lordship-If you put the question- through me. They must come from me.
Mr. Slade-With your Lordship's permission I shall ask the questions myself.
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His Lordship refused to allow this and Mr. Slad› sat down.
盛喜
His Lordship then put the question himself. 'As regards these complaints," he asked the witness, are your aware whether or not they form the subject-matter of the present charges ?"
Witness-I understand they do not form the subject-matter of the present charges.
His Lordship-Were they matters relating to the taking of money?
Witness-I understand they were, Fung Yang, a salesman in the San Fu poultry shop, stall No. 4, Western Market, was called and deposed that he gave the defendant $10 en 15th July last to prevent prosecution for obstruction.
Cross-examined—Witness was a business man, and he could not remember exactly what kind of note-book the defendant used. He was not aware that his shop had got into trouble with the Registrar General's department for allowing fish to be sold in front of the shop, He was not one of two men who had to take back on 2nd June last a bribe of $150 which had been
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