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with stealing a pair of trousers and it turned out after the ovidence was given that it was not a pair of trousers but a coat or something like that--n_slight variance that was the kind of thing meant. But the Attorney-General's application now was to add another count after the evidence had been given. The thing could be done because this count would be added on the evidence that had been given, but at the same time he could not help thinking in this case that the Crown knew all the facts and that if they wished to include the boxes of cigars in the indictment they could ha e done so. He thought that probably the reason they did not do so was that it was cutting it rather fine if it came to boxes of cigars because a man might be given a box of cigars by a friend and it was a very small matter and heldi not think anybody would care to take it into a briminal court. As the thing was left out he thought it was tạo late to put it in now. He took it that the application was made beause there had been so much talk about these cigars.
The Attorney-General said he wished to make it all one transaction
His Lordship-I do not think you ought to press it, Mr. Attorney-General.
The Attorney-General-Very well, my Lor1. He went on to say that he proposed to call the persons in the shop in which these cigars were bought in order to prove the purchase to the Court; his friend apparently held that that was not relevant evidence.
Mr. Slade said he was not going to dispute the cigars. They might have bought 10 or 109 cigars or the whole shop so far as he cared.
The cigar-shop people were not called. Chief Detective-Inspector Hanson give evi- dence with regard to the plan of the defendant's house, etc.
Cross-examined-Defendant left the Hong. kong police with discharge marks very good." In the Naval Yard police a served about five
years.
Re-examined-He was given notice to leave the Naval Yard police.
The Attorney-General stated that that was the case for the Crown.
•
THE HONGKONG WEEKLY PRESS AND
money, and they sent to his shop and found it. I have been offered presents on her occasious and have always refused them, and have so reported to the Colonial Veterinary Sat con, especially that on Monday, June 1, 1903, during, my absence, a sum of money was handed to my cook-boy. Ou ascertaining the fact, and at the earliest opportunity. I made him return the same $150. This be did in the presence of myself and my wife's amsh, and this I duly reported in writing to the Colonial Veterinary Surgeon at 9 a.m. on the 2u4 June. No action has been taken in this case so far as I know. About the
Mr. Slade said that defendant had a statement to make and it would be desirable that it should be made before he addressed the Court. Before, calling for that statement, however, he would put in a book showing the number of prosecutious instituted by the defendant as Inspector of Markets and the amount of fines recovered from 20th April, 1902, to 3rd Jug, 1903.
From this book it appeared that the last Chines witness, Lam King Shung, had been fined $5 on 3rd Jane for not having a sigo board up on his still. ⠀⠀
Lam King Shang was recalled and admitted the accuracy of this.
The defendant then read the following state- ment--I came to this Colony in December, 1891. and joined the police on $50 a month. Now, after various changes in my services under
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end of May this year I got verbal instructions from the Hon. Dr. Atkinson, also from the Colonial Veterinary Surgeon, to keep a good look-out for any deed or sick poultry, ete, in the Western and Centrul Markets, and in terms of my instructions I sent a considerable number of these to the Government Mortuary for examina- tion. In consequence of the majority of these being f und plague-infected and acting under the orders of the Colonial Veternary Surgeon. I destroyed all poultry-pens, fittings, etc, in every poultry-shop in the Western Market, making a careful valuation of all articles so destroyed. The shops were all disinfected under my supervision, and the poultry-dealers had to temporary matshed opposite the Harbour Muster's Office. Dead pou try, etc.. were also found in several stal's in the poultry section, Central Market, and such stalls and stall-holders were similarly dealt with. This in conjunction with the strict and vigilant manner in which the bye-laws were esfored by me has made me unpopular with the stall- holders in every market. With reference to the charges made against me the entries in my occurrence-book for the 15th July show that by 730 am. I was in the Sayingpoon Market I therefore must have left my honse that morning about 7.15 a.m. From the Saiyiugpoon Market I went to the Western and then to the Central, which would occupy the whole of my time till I Diet the Colonial Veterinary Surgeon at his office at 9 a.m. From his office I went over to Kowloon. The entries in my occurrence-book are made up by me every night. The witness Fung Yung stated in the Police Court that I made an entry in my notebook on the 14th July about his causing an obstruction. I produce my note book in which no such entry appears. With regard to the second charge it is absolutely untene, It being Sunday I was probably at home at the time the witness alleges he came. This witness Leung Sin is one of the men who came to my house and got the S150 back from my cook-boy on the morning of the 2nd June. With regard to the third charge, the witness, alleges that he came to my house at 4 p.m. and gave me the money. At that time, as my openrrence-book shows, I was on duty at the not Kennedytown slaughterhouse and did leave there until after 5 p.m. When I have been on duty is the slaughterhouse
Government, I am drawing over $230 & I have never luft until everything was
mouth. 1 was appointed ou the perman- ent staff of the Sanitary Department on the 1st November, 1901, and I took up the duties of Inspector of Markets on May 1st, 1902. I immediately made myself thoroughly acquainted with the various bye-laws relating to markets and Lave since my appointment rigorously enforced them whenever I found a breach of those bye-laws. I invariably cautioned the offending parties at least twice, and in the event of that having no effect I took out summonses, which were approved and signed by the Colonial Veterinary Surge n prior to issue. This does not apply to such sections of the bye-laws as those relating to bawking without licenses, cruelty to animals, etc., where the offenders were arrested on the spot. The fines inflicted for breaches of the maket bye-laws during my period of office have been very heavy, much more so than in any preceding similar period. With regard to accepting bribes I can truth fully testify that I have never done so in my life. The case brought against the master of the Hop Wo Chan shop, but not proceeded with by the Government, shows that I do not accept bribes. This man was arrested the same night as I was and charged with offering me $200 on behalf of the poultry guild of the Central Market abont twelve months ago. He admitted having offered me this money, but said that I refused to take it, and said he had it still. He told the police where to find the
secured, all the butchers cleared out and the work fiuished for the day. With regard to the fourth and fifth charges, alleging bribes given on Christmas afternoon, I can say positively that I was not at home that afternoon. I went out early after tiffin, but where I wout I cannot now remember. I never stay at home on holidays, but go out bicycling, shooting, or taking exercise in some form. On Christmas alternoon I am almost certain I went out on my bicycle, and I certainly visited the Central Market on my way home at 6.30 p.m. as my occurrence-book shows. I know I got home late for dinner that night, but more I cannot remember; my wife who was at home all day Christmas Day tells me that she remembers several Chinese called ou hristmas Day and asked for the Inspector, and that she sent them away telling them that I was not at home. I have dealt with the witness Ip Cheong for several years past, buying poultry from him. He has frequently been to my house to collect bills or bring me things I have bought. He knows the arrangements of the house well, and that I keep poultry and pigeous on the roof, for he has been up there himself. On Christmas Day last I am sure I had no guests to tiffin. I would certainly remember it if I had; I tiffined quietly at home and went out shortly afterwards and did not return until dinner time. My character ever since I came to the Colony, and before, has always been good,
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(July 27, 1903.
as may be seen from the letters and certificates I have received from the heads of departments and others, which I produco. I am o married man with a wife and child eú to look after and a god pension to look forward to, and I would hardly be such a fool us to risk my whole career by taking bribes. as these witnesses against me allege. My wife is a good mina. ger, and with the help of what ( received from my lolgers I have enough to keep myself and my family comfortably, and put by a little
every month.
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The defendaut a'so read and put in cer- tificates of character and service, from among others, Commodore Powell, of the Naval Yard ; Mr. May, Captain Euperintenden of Police Mr. Stewart Lockhart, Colonial Secretary; and Mr. Hastings, Polic: Magistrate.
Mr. Slade remarked that when the master of the Hop Wo Chan shop was charged it the Police Court with offering Inspector McEwen a bribe be admitted it, but said that the Inspector refused to take it. It had been given him by his friends the poultry-dealers of the Central Market to give to the Inspector. Who the bribe was refused he took it back to the poultry- dealers and asked them to take it back but t ey said, "No; it is down in the books; give it to him presently." He had not given it to the Inspector, and it was then in his safe marked
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Money to be given to Inspector McEwen.“ He told the polios where it was to be found and Inspecter Hanson went down and got the money. He should have asked Inspector Hauson about this matter when he was in the box and he now asked that he be re-called.
Chief Inspector Hanson, re-called, stated that he accompanied the master of the Hop Wo Chan shop to his shop after his statement at the Police Court and found the $200 in the safe as stated; the envelope in which it was contained was inscribed to the effect that the money was to he given to defendant.
Re-examined by the Attorney-General - It was Mr. Clementi, Assistant Registrar Gouerul, he believed, who gave the police the information that this man had offered a bribe th defendant. It was not Inspector McEwen who gave the information.
Mr. Slade, without calling any witnesses. proceeded to address the jury. On their decision, he said, rested the character and future pro- spects-practically the whole life of the defendant. They must not however allow any feeling of pity to influence their verdict. The question for them to cousider was-Had the Crowu succeeded in proving the charges against the defendant? The defence had not made any attempt to prove conspiracy or interested motives the part of witnesses or that they were perjaring them. selves. The question come down to this- Was the evidence of those witnesses so free
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the
Et from suspicion, straightforward, that the jury could find the defendant guilty of the charges brought against him One of the most useful customs in determining the quality of evidence was to consider the motive of those who gure evidence, and if there was even a reasonable possibility that all the witnesses testifying against a man were actuated by some common motive, then their evidence was greatly weakened. With reference to the witnesses in the pressut case, the first thing that would strike the jury was that they were everyone of them pulterers, even although poulterers were * not the only dealers under the charge of the defendant as Luspector of Markets, and in every case that money was alleged to have been given it was not the money of these individuals, but the money of the poultry-guild. Speaking as to the motive actuating the bringing of these charges against the prisoner. Mr. Slade said a strong oue was to be found in the part his orders compelled him to play in connection with the recent outbreak of plague amongst fowls in the markets. His duties ran counter to the wishes of the poultry-guild, and it was to their interests to have him removed. The guild was a powerful one, and the jury might well suspect that the witnesses they had sent to the Court dare not give independent evidence in the box As to that evidence, two out of five charges were dis- proved by entries in the defendant's official ledger which showed that he was elsewhere at the time money was alleged to have been given him at his house. As for the other charges,
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