December 26, 1904.j
SUPREME COURT.
:0:-
Friday, 16th December.
IN APPELLATE JURISDICTION.
CHINA OVERLAND TRADE REPORT.
(Chinese village at the extreme west of Lantao` Island) fisherman, on the 6th July last; (2) with, accompanied by others, making a riot under arms later on the same day; and (3) with unlawfully assembling with others to create a disturbance.
Hon. Mr. E. H. Sharp, K.C. (Attorney-
BEFORE SIR H. 8. BERKELEY (CHIEF JUSTICE) General), instructed by Mr. F. B. L. Bowley
AND MR. T. SERCOMBE SMITH (PUISNE JUDGE.)
TANG T8Z U v. THE TTORNEY-GENERAL
The fifth day of the hearing of this appeal. As before, Messrs. M. W. Slade and H. G. Calthrop, instructed by Mr. J. Haraton, appeared for the appellant; the Hon. E. H. Sharp, K.C., and Mr. H. E. Pollock, K.C., instructed by Mr F. B. L. Bowley (rown Folicitor), for the Attorney-General.
Mr. Slade continued his case for the appellant.
IN SUMMARY JURISDICTION.
(Crown Solicitor), prosecuted on behalf of the
Crown.
The prisoner pleaded not guilty, and the following jury was empanelled-Messrs. T. Banks, Å. W. Fraser, W. A. Ward, I. Silber- mann, G. M. Smith, H. N. Mody and F. A. Wendt.
Fung Ki Fa, in giving evidence, said that at about 9 a.m. on the 6th of July last the prisoner, in the capacity of a Triad leader, along with two others, came to his boat and demanded $100 blackmail. The prisoner and his gang belonged to Hok-lo (a district in Chinese territory outside
the British New Terri-
try). On the witness refusing to accede to BEFORE HIS HONOUR T. SERCOMBE SMITH the demand the defendant threatened to bring
(PUISNE JUDGE.)
JUDGMENT WITH COSTS,
Judgment with costs was given in the following cases: The Hing Cheong Lung Wing Ki v. The Chan Ching Provision Store; $106.15; The Fuk Wo v. Ting Kai, $22.67; Lam Choy Pang v. The Lan Shing firm, $100; S. J. David and Co. v. Lai Hing, $30; Chin Tsung Fat v. Mung Po, $51; The Kai Tai_t. Li Pui, 839.60; and Hurnam Singh v. Lo Hoi, $15.
Saturday, 17th December.
IN SUMMARY JURISDICTION
BEFORE HIS HONOUR Mr. T. SERCOMBE SMITH (PUISNÉ JUDGE.)
NG HAM CHEUNG v. JEBSEN AND CO. The plaintiff, represented by Mr. H. W. Bailey, claimed 81,000, being damages for breach of contract. Mr. H. W. Looker (of Messrs. Deacon, Looker and Deacon) appeared for the defence.
Mr. Bailey stated that the claim originally was for $1,267,55, reduced to $1,000 so as to come within summary jurisdiction. On the 19th September the plaintiff entered into a contract with the defendants for the supply of fifty tons of Hamburg horse shoes at $2.86 per picul. These horse shoes were actually in the defen- dants' possession at the time and were to be supplied within one month from the date of the contract. The plaintiff mentioned to the broker arranging the contract that the horse shoes were for shipment. A few days later the plaintiff, through his agent at Newchwang, resold the shoes at Tls. 3 mace 8 per picul. Subsequently the plaintiff heard that the shoes had been sold by defendants to a third party, and plaintiff wrote to the defendants asking for
delivery of the shoes. Defendants replied that they could not do so then as the people from whom defendants purchased had not delivered them. That was at the end of October or the
beginning of November, well after the month
had expired. He submitted a letter from the plaintiff's agent at Newchwang in support of the contention that a sub-contract was made, He did not produce the contract, as he
understood that the defendants' solicitor admit- ted the letter.
Mr. Looker said that though he admitted the letter, he did not admit the legal import of it.
Mr. Bailey said that on the understanding that the letter was admitted the plaintiff had not gone to the expense of sending to New- chwang for the witnesses.
His Honour, to allow the plaintiff to get further evidence from Newchwang, adjourned the case for six weeks,
Monday, 19th December.
IN CRIMINAL JURISDICTION.
BEFORE FIR H. SPENCER BERKELEY
(CHIEF JUSTICE).
A TRIAD PIRATE.
Chan Shing Hing was charged with demand- Tai-0 ing money from Fung Ki Fa, a
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a gang of a hundred men and make him do so. He then left with the others, but returned at eleven o'clock accompanied by a gang of pirates who manned seven or eight boats. The boats were not able to cross the bar, although it was high water, the pirates, after shouting threats that they would beat the present wit- ness and break up his boat, landed a little distance away and approached the village along the shore. The witness and others pointed arms at them, and the attackers, after shouting out more threats, retired. The prisoner cried out to his comrades “Brethren, we cannot get across this deep water. We will go away, take tea, and come back at three o'clock, ebb tide. We can then get across.' The prisoner was armed with a revolver and knife. The police were informed in the meanwhile, and when the pirates returned four of them were arrested, but the prisoner, the leader of the gang, escaped. The prisoner had levied small sums of blackmail from
on previons occasions.
the
11
witness
In answer to the prisoner's question, “Am I not a fisherman?" witness replied “ You are a vagabond and belong to the Triads."
&
Two other fishermen gave evidence, and P.-C. Henry Harding, sworn, deposed that on the 24th October last, on account of information received, he went to Shek Shan Village in Lantao Island accompanied by about fifty fishermen. The pri soner was found in & matshed lying down under some boxes.
The jury, after the Chief Justice's summing up, returned a verdict of guilty. His Lordship sentenced the man to three yers' hard labour and twenty-four strokes of the birch, within the first six months' incarceration.
AN ABOMINABLE OFFENCE.
Chun Lum, a Chinese coolie, was charged child. with committing an indecent as-ault on a He pleaded not guilty, and the following jurors were empanelled:-Messrs. C. H. W. Kew, C. G. S. Mackie, M J. Danenberg, H. L. Muhle, F. Gomes, R. Pestonjee and H. Suter.
The prisoner was found guilty and sentenced imprisonment for the term of his natural life.
to
ATTEMPTED ARMED ROBBERY.
465
When the first defendant was asked if he desired to put any questions to the second witness he said "We were the only two who went upstairs, " and both prisoners thereupon admitted attempted robbery, but said they did not steal anything.
Mr. Calthrop signified that he was satisfied
with this, and the jury formally returned a verdict of guilty to the charge of attempted His Lordship sentenced each of the prisoners to two years' hard labour.
robbery.
.
IN SUMMARY JURISDICTION.
BEFORE HIS Honour ME. T. SERCOMBE SMITH (PUISNE JUDGE.)
MA SHEUNG TONG v. LI KAN TAI,
The plaintiff, represented by Mr. 0. D. Thomson, claimed altogether $217.80 from the defendant. The defendant admitted paying $150 out of the amount owing, and also admitte liability to the extent of a further 360.
Judgment was given for $60 and costs.
Tuesday, 20th December.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR SIR HENRY S. BERKELEY (Chief Justice.)
THE CAPITAL CHARGE. Before proceeding with another case the Chief Justice asked Mr. H. E. Pollock, K.C., who, instructed by the Crown Solicitor, was acting on behalf of the Hon. Mr. E. H. Sharp, K.C., the Attorney General, if he had anything to communicate with respect to the capital charge against Charles Smith, Erik Hogman, and William Nason.
Mr. Pollock sent a message to the Attorney- General, saying that he personally had not received any instractions regarding this case He understood, however, that Mr. Ö. D. Thom- son had been retained in the matter, and time was wanted to prepare the defence.
On receiving word from the Attorney- General Mr. Pollock intimated that he under- stood the Crown proposed to proceed with this case to-day (Wednesday), subject to any appli- cation made to His Lordship on behalf of the defence.
The Chief Justice said that when the Court rose he would adjourn the Criminal
till Thursday,
to allow Sessions time to prepare the defence.
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ARMED ROBBERY.
85
Three (hinamen, Lau Tam, Young Lam Tse, and Yeung San, were charged with (1) assault with intent to rob, and (2) wounding Chan Tak, Leung Sai and Lo Tai with intent to do grievous bodily harm.
The prisoners pleaded not guilty. The following jury was empanelled:-Messrs. H. W. Schmidt, Fraser, G. Rapp, G. M. Smith, W. E. Heermann, R. H. King and F. A. Wendt.
The case against the prisoners, briefly, was that on the night of the 27th November these
men,
83
along with others, while armed with Ho Tak and Lok Wing were charged with knives, made an attack on three lighters moored Matankok. Chan Tak, a lighterman, was having, on the evening of the 22nd of Novem-longside the Naval Yard Extension works at ber, assaulted a woman, Chan Ho, with knives, sleeping in the cabin of his boat when he was and with stealing gold rings from her; (2) disturbed by the door being opened. He then with attempted armed robbery; (3) with
saw a man, holdin : a knife in his hand, standing at the entrance. He asked "Who are you assault, etc.
whereupon the robber-afterwards identified the first prisoner-entered the room and stood over him, ordering silence at the same time: Chan Tak attempted to jump up, and the robber, slashing at random, cut his leg. The lighterman managed to grasp the knife and shouted loudly "Save life!" People then came over from another lighter and there was a scuffle. A man named Lo Tai seized the man's queue as he jumped overboard. The others of the gang also took flight. The first prisoner was taken from the water, minus his queue tassel, which had been retained by Lo Tai, by an Indian constable.
Mr. H..S. Calthrop, acting on behalf of the Attorney General, prosecuted for the Crown.
The prisoners pleaded not guilty and the empanelled-Messrs. following jurors were G. M. Smith, J. Johnstone, E. V. D. Parr, C. W. Smith, H. F. Chard, F. G. Allen and R. H. King.
The facts, briefly, from the evidence, were that after Chan Ho, the prosecutrix, had gone to bed she was roused by some men coming into her cubicle. One man was supposed to keep guard over her while the others ransacked the premises. The woman managed to rush over to the window and shout for help. This frightened the robbers, and they decamped. After they had gone the prosecutrix missed some gold rings. The two defendants, two of a gang of about five, were chased and arrested in the street.
After Mr. Pollock had narrated these facts the first defendant admitted going on board with intent to steal.
His Lordship-And the grievous bodily
grievqus
barm P
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