231
crop is due this was particularly the case, there being always trouble between coolies and their masters, because the former think they can obtain more pay by violence. So after nie years' service in which he suffered considerably from malarial fever, the defendant came to Hongkong and, pro ably unaware at the time that he could not carry & rov lver, continued to do so. On the day in question he went from the Peak Hotel, where he was residing, and engaged a chair to take him to the Peak flagstaff. He went up, and while there took shelter for some time from a passing rainstorm. According to the admissions of the chair-coolies he had no quarrel with them, used no harsh words and never requested them to hurry. While on the way down defendant took a revolver from his pocket and the front coolie was shot. Counsel said he himself asked the defendant how the affair came to pass, and presumptions from the answers he gave were that he simply did not know how the thing happened Practically the only thing that he could remember was that he took the revolver out of his pocket and turned it on its side to see whether the lever was safe or not. After that his mind was practically a blank. He believed that the first shot went off owing to his carelessness in having his finger on the trigger, but how the second shot came to be fired he could offer an explanation whatever,
·Proceeding, Counsel said one quite understood if the first shot had gone off accidentally and wounded the coolie that the second might have been equally accidental. The first wound W85 on the fore-arm, where the coolie was holding the chair, and the second shot grazed his hip. It was probable that the first shot grazed his arm and the second his hip. If defendant fired at the man inten- tionally he could scarcely help hitting him, and it would be seed from the depositions that, according to the evidence, the wound on the hip might have bean caused by a bullet ricochetting from the ground. Counsel suggested that the first shot went off while defendant was examining the revolver, and the second after the chair had been put on the ground, at a time when d-fendant was greatly agitated. Fortunately the coolie was only slightly wounded and sustained no permanent injuries of any kind. In accepting the plea of unlawful wounding, Mr. Slad's submitted that the Attorney-General had shown a very clear appreciation of the real facts of the case. There was no intention to do hurt, no real intention to do injury, and no really evil | intention of any sort, but defendant was unlawfully carrying a revolver and, under the circumstances, must plead guilty to unlawful wounding. Counsel said he did not know whether he was exceeding his duties or not, but inquiries were made at his (Counsel's) instigation, through the police-so there could be no suspicion of undue motive-as to what compensation the coolie thought ought to be paid him, and the injured man said $25, adding that he did not want defendant punished. Of course, that could not be the end of the case. There were the interests of the public to be considered, but Counsel submitted those interests would b3 safeguarded in this case by a very light sentenc The defendant was not a blood thirsty ruffian, nor a danger to society; but had erred more in ignorance of our law regarding the carrying of a revolver, than from any vicious intention. Mr. Blade said he was authorised by the German Consul, the defendant being a German subject, to say that he would undertake to see that the defendant left the Colony by the next Garmin mail steamer. Therefore, the colony would be quit of the defendant's presence for a 1 time, and, if his Lordship saw fit, he would undertake, on behalf of the accused, that reasonabl, compen- sation was paid to the coolie. Under those circumstances he asked his Lordship to deal lightly with the defendant.
His Lordship Who is the accused, a German, an Austrian, or what? Mr. Slade :--- A German.
His Lordship:-I presume inquiries have been made as to his mental condition?
Mr. Blade:-Yes, my Lord, and the result of it is that at the present time the man is absolutely sane. According to a statement I have here, the inference drawn by a doctor who saw him, is that at the time of the shooting be must have been suffering from some hallucina- tion or something of that kind; but it does not carry the matter any further.
THE HONGKONG WEEKLY PRESS AND
|
|
[September 26, 1903.
it over. He was at once given in ch rge for the theft.
The jury without retiring found acoused guilty, and His Lordship sentenced him to one month's imprisonment.
BEFORE (Is Honour A. G. WISE (PUIBNE JULGE).
FORGED BANKNOTE.
His Lordship, turning to the prisoner, said Curt Vincenz, you have pleaded guilty to the offence of unlawfully wounding this enolie who Evidenes for the prosecution having been led, was carrying yon in a chair. I et bring Fung Min said in defence that he was straighten- myself, having very carefully read the deposing up the goods in the shop, and saw the satchel tious, to the opinion that this was au accident, lying on the counter He picked it up, and in At first I thought that surely you must be about a quarter of an hour the complainant insan when you committed the deed. But the returned and said something to the Indiau law is very clearly laid down by Sir James assistant, which he did not understand On the Fitzjamos Stephen as regards sanity in th se Indian assistant telling him in Chinese that words: Every person is presumed to be sine Mr. Herman had lost a satchel he at once and to be responsible for his acts. The burden returned it. of proving that he is irresponsible is upou the acoused person, but the jury may have regard to his appearance ad behaviour in Court." It is quite clear that the defence of insanity has not even been set up, and certainly has not been proved. Now, I must put that theory entirely on one side. If you were insane you would not bɔ responsible at all, whereas you yourself have plea ed guilty, under the advice of your able Counsel, to nolawfully wounding. It certainly is an extraordinary case, but there have bean men in criminal cavs who have bзa : 80 callous and cruel is their nature that they seem to have little regard to the pain and suffering which they cause other people, and I ciuuot help thinking you were in some such mood on that occasion when you came down from the flagstaff to the Peak carried by the two coolies. It is absolutely necessary that I should protect every person in this Colony who is going about his work lawfully and in 'ustriously. I have taken all tings into consideration, and I give due weigh: to what has been stated about you having been a long time down in Sumatra having suffered from malarial fever, but at the sa ue time I feel that the least sentence that I can pass upon you is that you be imprisoned and kept to hard labour for twelve calendar months.
FALSIFIED ACCOUNTS.
Ng Chi Kin, alias Ng Kwao, was charged with falsifying accounts in the books of the Shu Ynen Bauk, on May 14th, May 25th, and June 17th respectively. He pleaded guilty to the three charges, but stated that the prosecutor was aware of the three false entris ani had promised that he would not prosecute him.
The prosecutor claimed that he had lost about $4,00 by the falsification of the accounts, and
was not aware of the action of the accused until a few days before he commenced proceedings. The accused was a (rusted servant, handled the money, and had a salary of $12 a month.
Prisoner was sentenced to twelve mouths' imprisonment ou each count-three years altogether.
RETURNING FROM BANISHMENT,
Yam Ki alias Lam Tan, alius Tan On, was charged with returning on the i1th September from banishment, and disobeying an order date the 28th July, 19-3, prohibiting him from residing in the Colony for five years.
Prisoner pleaded not guilty, claiming that he had not been banished, and that he had been arrested because be quarrelled with the detective. The Attorney-General pr secuted, and the following was the jury:-Messra, A. E. Katsoh, K. D. Mistry, J. McCubbin, G. Banker, W. F. Muat, B. E. Hastings and C. L. G. Koch.
Prisoner was sentenced to twelve months' imprisonment, the jury retarding a verilist of guilty without leaving the bor.
THEFT.
|
Au Chak pleaded not guilty to offering. attering and disposing of a forged $5 note of the Hongkong and Shanghai Banking Corpora- tion on the 3rd September.
Mr. E. H. Sharp, K.C., instructed by Mr. Bonner, of Messrs. Denny and Bowley, pross- cuted on behalf of the Attorney-General. The jury consisted of Messrs N. G. Major, J. G. Kinnaird, F. A. Chopard. J. W. Barber, S. Handley, E. J. Moses, au J. F. Millar.
Mr. Sharp said the accused won: to a money changer's shop to cash the noto, and when the chaugor declared it to be a forgery the accused ran away. When chased and c.ught be said that a friend gave him the note to change, but would not give the name of the friend.
The jury returned a verdict of guilty an I prisoner was sout to prison for twelve months with hard labour.
GANG ROBBERY,
His Honour A. G. Wise heard the charges against Chung Kwai, Tse Fat, Li Yuk, Tsang, Shang Tang Yueng, and Yeung Lung, iudioteri for robbing, whilst armed, Lui Chuk and Li Ut Fung. Li Ut Cheung, Yau Sz Mui and Ng Mai at In Ngam village, New Territory, on the 29th August.
All the prisoners pleaded not guilty.
The following jury was empanelled: Messrs. B. M. C. da Cunha, F. G. Allon, W. H. Watson, W. F. Mast, B E. Hastings, A. Uphill, and R. A. E. Paterson.
In
Mr. E. H. Sharp, K.C., instructed by Mr. E. A. Boauer, of Messrs. Dennys and Bowley, pro- secuted on behalf of the Attorney-Gзneral, opaning the case for the Crowo, be said that the men were charged as members of an armed gang cor sisting of about eight persons. They were strangers to the district, with the exception of the first, who, it was believed, was the eader of the gang, and for whom the police for the past four years had been searching, as he was suspected of being connected with various offences of a similar naturə, Oa the 29th August, about seven o'clock in the evening, Lin Chuk was sitting outside of his house when the gang was seeu approaching, and upon arriving the men were asked their busines. They told him that if he created any disturbance hy would be killed. The visitors then seized the man and struck him, and his son rushed out of the house to his assistance. He was also seized, and the second prisoner strack at him with a chopper, but his wife ht pped for- ward, and warding the blow sustained severe injuries. A guard was placed over the father and son, and the other members of the gang, having ransacked the premises, proceeded to another house, which is practically a block of thre› houses, aud stood a little distance away. Four of the men broke in while others kept guard. The lives of the inmates were threatened, The Attorney-General said that the robbery and all their valuables demanded. They then was one which contained peculiar points. It directed their attention to the second divi- appeared that a Mr. Herman went into Hip- sion of the block, and the same thing happened, toola's shop, where the accused was employed after which they proceeded to ransack the as assistant, and by accident left the satchel third division. They then cleared off, bat in- (which was left in his oare by the owner) on formation was at once given to the police at the counter. He left the shop to go to the, Taipo and a very smart capture was effected, Post Office, and on his way noticed his loss. The Taipo police telephoned through to the He immediately returned to Hiptools's shop stations, and from there Sergt. Clark, an interpro- and asked accused and two other assistants ter, and police set off, about midnight, tointercept if they had seen the big. All denied know- the robbers, balieving they would msks a bea. ledge of the bag, and Mr. Herman, after asking line for Hongkong. The police went along the some ladies to watch the thres assistants, went to new road to where the waterworks ara situlted the door and called two policemen in. He and hid themselves in a small tes-house, where offered a reward of $20 for the recovery of the they remained from ons o'clock in the morning bag, and the accused took a hooked stick and till 5 a.m., when two men were seen approach brought the bag from under a shelf, and handed ́ing across the hills from the direction of the
Fang Min
was charged with stealing a satchel-containing jewellery and money to the value of $2,500. The prisoner pleaded not guilty.
The Attorney General prosecuted.
The jury consisted of Messrs. A. Up`ill, A. E. Katsch, K. D. Mistry, A. D. Barretto, G. Banker, A. B. Smith, and W. Schumacher.
Tế
Page 10Page 11
No comments yet.
Private notes are available after approval.