March 11, 1905.]
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Saw a
CHINA OVERLAND TRADE REPORT. understand him. The collector asked me walked to go and see him. I said to the complain-chase. He caught the defendant and both of away. The complainant then gave ant in a low tone-" Where are you going them fell down by the side of the funnel, the Hongham or Hongkong? If you are going to complainant on top. Again a few passengers Hongham the fare is three cents." The com- plainant did not pay. He said he would report him go; if you do he will kill me.
puiled them apart. Defendant said "Don't let or summons me. He produced his watch saying passengers did not let him go; they pressed him The -"Yon see what time it is now.” It was 8.15 down." At this time the launch was close to the p.m. I left him and went to the wheel, where I wharf. When we got alongside we stayed for about ten minutes. Then he said- lukong standing on the wharf. The passengers
I want the name of your launch to summons you." I did not look at the complainant for
then let the complainant go, and defendant and two or three minutes, after which time I said—
a few others went up to the Police Station. I "Master, what are you going to summons me
went with them, but do not know what took for!" The complainant said.
place there, as I cannot understand English. Your launch The witness Naddal (produced) was not on the should have left at 7.30, and did not leave till launch. There was an Indian on board, but he 8.15 p.m.
I asked complainant to give me
was a taller man. his Dame two or three times, but he said he had по pencil. I said to him-" When you took the name of the launch you had a peucil, now you say you have no pencil." At this time I was standing in a stooping position. Complainant took off his cost and gave me a blow on the cheek bone with his clenched fist, causing me to fall to the deck.; I fell, and while I was on the ground, he caught me by my throat and pressed me down. Then three or four men came up and pulled complain. ant away. I ran by the side of the wheel and said "You no belong Englishes, you belong Scotobee." The complainant then chased me, and caught me, and fell on top of me. I called out "This won't do." Then lots of the passengers came and pulled complainant away. Just at this time the launch got alongside the wharf. I said-" He has assaulted me, call the Police and give him in charge." At that time there were two passengers holding on to complainant and I told them no: to let him go, as he would kill me if there were no constables about. lukong then came up and the complainant was released. He asked me for his cap. I said- Perhaps it has gone overboard." He again demanded his cap. I said "This won't do. You must come with me to the Station and have
A
the matter settled." We then went to the Stat ion. The Sergeant asked me my complaint, and I told him the complainant had assaulted me. I was asked to stand aside and the Sergeant questioned the complainant. The Sergent then said to me- "Did he strike you?" I showed him how I was struck, after which he examiued me and asked if I would like to take out a summons. I said—" If the com. plainant does not want me to pay compensation for his cap, I will not summons him." The Sergeant then said to me-"He does not want you to pay compensation for his cap. Will you let the matter drop?" I said He said "Well go away.'
"alright."
The hearing of this case, in which Lt. Dobbia. R.G.A. charged Cheung Tim, coxswain of the steam launch Kwong Hing with using abusive language and being guilty of conduct calculated to provoke a breach of the and in conjunction with others assaulting the peace, complainant on the 24th February last, was continued before Mr. F. A. Hazeland at the Police Court on Mar. 9. Since our last report the defendant has taken out a cross summons
for assault. Mr. Looker appeared on behalf of the complainant and Mr. R. A. Harding represented the defendant.
Sun Lak was the next witness for the defence. He said: I am the fare collector on the steam launch Kwong Hing. I was on board at Shankiwan on the 24th February last.
At this stage, Mr. Looker drew His Wor- ship's attention to the defendant, who was nodding at the witness, and defendant was turned about so as to look in another direction. Witness continuing :-I saw the defendant on board, but do not know when he arrived. Shortly after leaving Shaukiwan, I went round to collect the fares. I went to the complainant, but did not get his fare, although I asked him for it. I do not know what he said when I ask-
ed him for it. I then asked defendant to go and ask him, while I went on with my collecting. When I got to the stern of the launch I heard a disturtance. It took me about a quarter of an hour to get to the stern, I saw the complainant holding defendant by his throat with both hands, and pressing him down on to the deck. I next saw a few of the passengers dragging the com- plainant away, after which defendant got up and
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Cross-examined by Mr. Looker: Complain ant's cap fell overboard, so the defendant said. I did not see it go over. There were between thirty and forty Chinese passengers on board. As I said before, I was at the stern when I heard the disturbance. I turned my head to see what was going on, but did not move. The pressing down of defendant by the complainant took place at the bow. I could sea this because there was a clear passage from the stern to the bow. The passengers pressed the complainant down for about a moment. office when the summons
I was not in the was served on the defendant. I was on the launch. The defend ant was also on board when the summons was served. I did not see it served on him. The ordinary time for the launch to start is not 7.30. When one launch arrives the other departs.
Re-examined by Mr. Harding: There is no time put up
a which the The complainant did not ask me to look boat leaves. for his cap. Twice the complainant had hold of the defendant on the deck. The chased the defendant. When the passengers second occasion was after the complainant had pulled the complainant off the defendant in the first instance they let him go.
steam launch Kwong Hing on 24th February Chin Tong stated: I was a passenger by the last. I saw the complainaut sitting on a form at the bow. The defendant was steering the boat. The defendant came up and was bending down with his hands on his knees talking.to him. I was about four feet away. I did not see anything much. They were just talking and all of a sudden they fought. I first saw the complainant showing his watch to the de- fendant, who had a look, and afterwards went back to the wheel. He left the wheel again to go and speak to the complainant. While they were talking I saw the complainant get up, | take off his coat and give the defendant a blow on the head. The blow felled defendant to the deck.
Complainant then got op top of the defend ant, pressed him down and caught hold of him by the neck. Then four passengers went and separated them. The defendant went and stood by the wheel, while the complainant sat down but I did not understand what they said. on the form. They spoke to each other again,
complainant chased him. When they were After speaking for awhile defendant ran and running near the funnel, the complainant caught hold of the defendant and both of them fall to the deck, the officer on top. The (assengers wont. to
save the defendant. They pulled the complainant off, as defendant got away he called out- let him go; if you do he will kill me.' passengers then held complainant by the hands. At this time the launch had run alongside the
wharf, A constable came parties went to the station.
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and Don't The
on board and all
Cross-examined by Mr. Looker: When the fight took place I was stauding by the wheel in front of the funnel. Most of the passengers were sitting on two forms over the boilers and in front of the funnel. When the defendant left the wheel his assistant took it.
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came
card. Shortly afterwards the oozwain threw He then said something about his fare and his
complainant's) clothes. some rice from a mug which went over his (the He said he asked the Coxswaiu what he meant, and the Coxswain insulting language which he would not repeat. called him a d-fool, and used some other Complainant said he then attempted to strike then asked the defendant what he had to say. the coxswain, but did not actually hit him. I He said the complainant boarded the launch at Shaukiwan at 7.15 s.m. On the way across the complainant got very abusive, and finished up by striking defendant on the cheek bone with his fist. I examined the defendant's face and his two cheek bones appeared to be swollen. bone: He told me he was struck on the left cheek On looking closely at his face, to the conclusion that the light cheek bone waBS a little more swollen than the left. Both appear- struck on the left, that the right cheek should be ed red. I asked him the reason, if he were
fell. I then asked him if he wished to bring a more swollen. He said when he was struck he charge against the complainant and he an- complainant that from what I could see, he swered "No. I am a business man." I told the appeared to be altogether in fault, and that it WAS 8 serious matter interfering with the coxswain of a launch while under way. I asked him if he wished to bring a charge against the defendant. He answered "No. I don't wish made the remark “I have no charge to bring.' to take the matter to Court." He also
I then asked him if he wished me to go on board the launch to search for his cap, and he I asked him about his cap because he said replied " No, I don't think it is on board now.'* something about defendant having taken it,
matter. When the defendant said he did not The com, linant on leaving said Thank
you," and appeared to be quite satisfied about the
wish to bring any charge against the complain- ant I entered it in the "1efused charge book.”
for the complainant and defendant, His Worship After hearing the addresses of the solicitors found that the action of the complainant in to that part of the story where the complainant the beginning was unwarrantable. He referred
launch claimed as a matter of right, inasmuch as the n cessary to pay any fare. With reference to was late in starting, that it was not
and over again that a person travelling on & the law on the subject, it had been settled over
his ticket, was rogarded in the light of a conveyance or railway, who refused to give up trespasser, and the railway officials were entitled carriage at the next station. He found as s to consider him as snob, and put him off the fact that the defendant did go up and catch complainant by the arm in a very irritating manner, and the language used by the defendant was such as would be calculated to create a breach of the peace, wherefore His Worship felt bound to convict him on the two charges on the summons. plainant did strike the defendant, and although As to what happened after. wards, His Worship found that the
breach of the peace, the complainant was not the defendant used language liable to create a justified in assaulting him because he used that language. The conduct of the defendant was of a very irritating nature, and what really happened was that the complainant lost his temper. With reference, to what occurred afterwards, the evidence was very conflicting, and in His Worship's opinion a general fight penalty on the defendant considering the facts ensued He did not propose to indict any of the case, beyond ordering him to be bound. over in the sum of $100 to keep the peace for six months.
com-
solicitor was withdrawn.
The cross-summons issued by the defendant's
ALLEGED ATTEMPTED MURDER.
Sergeant O'Sullivan stated: On the morning of the 24th ult. I was on duty at the Hongham Police Station. The defendant, the complainant, Sun Luk, another Chinese and P. (196 came to the Station. The complainant stated in presence of the defendant that he boarded the faunch at Shaukiwan. The coxswain was very slow in starting from Shaukiwan, and he spoke to him about it. He said the launch left about | 8.15 am. Shortly after leaving, one of the Wong Man Chun declared: I saw Chinese came round and asked him for his fare.in the temple whom I suspected. /
Wong Kong Fai, Chan Taʼoi and Li Fat were charged before Mr. H. H. J. Gomperts at the Police Court on March 8th with attempting to kill and murder Tan Ching near the market place called Un Long in the New Territory on the 31st January last. Chief Detective Inspector Hanson prosecuted. The prisoners denied t he' charge.
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