October 29, 1906.)
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offence known in the Statutory of England, but even if that were proved against him it would not be corroboration of any material offence related in this charge. This is a specific charge of obtaining certain monies on certain dates. It is a matter of law that the general inference of bad character which the learned Attorney-General drew from the cross- examination of the accused was not corroborated. His Lordship One point in connection with the corroboration. Does your argument apply on the second conut?
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entered the box and told a deliberate falsehood. I promptly, but the moment he began to cross- If that were so he thought the jury would examine the jary would see how eminently besitate to give much credence to his evidence unsatisfactory the answers were, and it was with regard to the bribes he stated he gave at similar with his son. It was known that a man 11 o'clock on a series of other days previous who wan'ed to put a little money in his own pocket to that. The accused man swore he did not, would enter it in his books as a bribe. Such receive the money, while Chan Tsun. the only things were not nuheard of in this Colony, and “ person who knew, swore he did, and Counsel bribery scandals and trials had been heard before submitted that there was not a single fact in the Court. which corroborated Chan Tenn. With regard
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His Lordship-I think you are pressing it too far.
Mr. Slade then referred to the credibility of evidence, and told the jury they had to consider whether or not the charge had been made ont against the accused. If the man was found guilty it would affect his whole future life. but that was not a ground for preventing the ju y from convicting if they were satisfied beyond all reasonable doubt of his guilt. A strong suspicion was not sufficient. They must be satisfied beyond all reasonable doubt that he actually did receive the monia alleged to have been received, and that he did attempt to get rid of that witcess, before they found him gui ty.
any date or any entries made on dates on which the prisoner was accused of having received money. His cr. 8s-examination was d-voted entirely, and ia direct opposition to the terms of the Statute, to showing the man himself to be a bad character and guilty of squeezing. It is quite obvious that if Counsel for the Crown deliberately contravenes the Statute, I cannot intervene; because, if I do, the inference is immediately drawn that I know of something which I wish to conceal. I must allow the the question of corroboration, it was cross-examination to go on, and allow the man absolutely and utterly immaterial what the to be questioned. The Statute is imperative: character of the accused was, yet it had not it says that a prisoner shall not be asked and been proved that he had a bad character. But shall not required to answer any questioneren if he had been guilty of innumerable tending to how he has committed or has been crimes, that was not proof of Chan Tsuns convicted of or been charged with another story. It was a lawful to put before juries any offence. When, of course, such questions are charges of which an accused person might have asked, counsel for the defence practically cannot been found guilty in order to decide a cass before object. The cross-examination of accused on the Court; i was not law to have that brought his bank book was apparently for the purpose of forward and used as an argument against him. showing that he had acquired a considerable In spite of the learned Attorney-General, sum of money by illegitimate means. The endear uring to blacken the character of the Attorney-General used words which accused accnsed in cross-examination. Counsel asked the prisoner of being guilty of " 'sque zing."
the jury to deal with the charges merely on the This man may bare been guil y of every evidence of fact. They had also to take into The Attorney-General fold the juro s that if offence in the decalogue
consideration the manner in which the witnesses | they came to the conclusion that this was only a told their stories. What was the evidence with case of suspicion--rather strong'suspicion may be regard to getting a witness from the Colony the accused should be released. That was English to keep him from attending at the Com. law. The charge had to be brought home to the mission? It was charged against the accused, satisfaction of the jury, and a prisoner onld oot that he endeavoured to try to persuade Chan
he convicted by a jury ou suspic.on.
But that Tsun, once personally and twice through the could not be a passing, shadowy doubt, it had medium of his father, to get away from the I to be a substantial doubt. If, on the other Colony. With regard to all this there was; hand, the jury, after reviewing all the facts, direct evidence in contradiction of those laid b-far- them thought there was no doubt in witnesses stories. At the time when he was the matter they should find the prisoner guilty. alleged to have visited the father's house, for a Though Counsel might get up and say that considerable time before and a long tita after, witnesses were apparently respectable, and that he was ou
reen Island. If the jury Lad grave evidene · was apparently correct, yet the jurors doubt with regard to the evidence on that should remember that memory was treacherons. charge, grave discredit should be thrown on the If the evidence overweighed the balance against rest of the evidence of those witnesses, When
the prisoner, there was no doubt. It was for the accused met Chan Pui in San To Lan“. ↑ the jury to hold the scales and so which way what he was alleged to have said, and promptly, the halanes went; for them first to sift the was a question which the Registrar himself evid-ne», then to weigh it and sex whether on said he did not quite understand Was it the side of guilty the weight went sufficiently likely that the accused, who had not passed his down. If it did they should find the accused fir-t examination in Chin se, would be able to j guilty. understand a remark which Mr. Kemp after The Attorney-General - My Lord, first of all many years' study of Chinese and after passing I must ea'l your Lordship's attention to the four examinations was not readi y able to under- ¡ legal point taken by my learned friend at the stand? It was highly improbable. Although comencement of his address, and which he the accused had been a long time in the Colony ! submitted you should withdraw from the con- he had not had the advantage of cadets who, joined the Civil Service, of spending a number of months in Canton for the sole purpose of learing the language. On the other charges alleged to have been committed at the district office, the jury would rem-mb-r frow The wituess for the prosecution belaved nuder cross-examination. When the speaker asked him a straight-forward question he got very un-/ The Attorney-General-That is my point, happy. After a little pressing he admitted that and this is only tactics, my Lord. My Inspector Connolly had spoken to him with friend has made his address to the jury, and regard to the issus of lime, but absolutely denied put his case well, and I told the jury that I that on that day or shortly afterwards ang i-me - concurred with my learns friend "in his con.. was issued to him. On that point tho Attorney, ̧cluding remarks, It is just as well he should General suggested that this was merely a bud" sit quiet now, and allow the jury to hear what for the accused to excuse the presence of this the paldie, represented by me, have to say in man in the office. If that had be-n so the lime i respect of this charge. would never have been issued, but the evideLCA was that the lime was issued and signed for.
His Lordship Is that the evidence? Mr. Slade-Yes, my Lord.
Mr. Slade-No, my Lord, but of course the two are so bound together that it is very hard to separate them.
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sideration of the jury, that is, the evidence which may be afforded by the bank account of the prisoner. My friend put it. upon the ground that to adinit that lauk account would be to adinita thing not admissible on this trial because in no way connected with it.
Mr. Slade-Your suggestion is that he obtained the money by squeezing.
Addressing the jury, Mr. Slade said he hardly needed to remind them of the imperative rule of Inglish law which would be referred to by the Attorney-General and bis Lordship, that the prisoner could not be found guilty of any charge made against him unless it was proved beyond all ressonable doubt. There were six charges of bribery and charges of trying to keep a witness away from att nding at the Commission. The witnesses who deposed to the facts connecting the prisoner with these charges were Chan Pui and Chan Tsun, father and son. Their evidence was the only evidence directly connecting the accused with this case. The verdict of the jury would depeud eutirely on the credit they gave
to the evidence of these witnesses. If they found the evidence of those men untrue in any material point, or if they had a grave doubt, it would be their duty to acquit the accused. What was the evidence of those two men which it was possible in any way to meet? It was obvious that if a person chos to make a charge of; bribery against another, and put it on a suffi. ciently remote date, that it was almost impose sible for the accused to bring forth aenial. Bribery was usually fected in secrecy. Wit- nesses were not present when a man made a bribe, neither were they encouraged in the presence of a mau receiving one. If the charges were put at a remote date and a likely time, there was uo possibility of di-puting them. t was ly a mere chance if the person recused was able to bring forward any direct evidence to show that he was subsequently issued, n t at the place where the hribery was
Mr. Slade – And signed for. In continuation, said to have been committed. In tins ca∙e.
1 Mr. Slade said he did not think that statement His Lordship-I think it lies ou you to show it. fortunately for the accused, one of the charges of Luspec'or Connolly's could be controvertel, The Attorney-General-My friend charged was put upon a day when he was able to prov-by, and that being the fact dispelled the theory
wih making false allegations other evidence where he was,
It was
not that he came forward as a blind. By the against the prisoner and making false accounts in competent for him to say, on every day when the ́erid-nes of Connelly the witness was dir etly his books to cover up his own shortage. He says bribes were alleged to have been given, whether muvicted of falsehood. The witness demed that Chan Tun put his hands in his father's till he was in or out of the house, and with regard to Kelly was in the ffie at the time, and that he and tock out money, and then deliberately, all the dates except the last, he was unable to
knew him. A stuitary inspector who had been instead of debiting himself with it debited it say where he was. On Christm s Eve, last here for five years mus Lave been known against the prisoner If I choose then to give year, it was DO great feat of meinory perfectly well, and after shuffling, the evidence against the character of the prisoner, I on his part to remember that he attended witness dually admitted that he (Kelly) was can call any evidenc, I like (quo'es authority). mass at St. Joseph's Church and lat after- on No. 9 district. Could the jury My leared friend must not think that be bas wards he went to St. Patrick's Club. With take that man's word and find the a free tongue; that he can sit on witnesses regard to the rief. to St. Patrick's Club, accused guilty of this most serious offence ? the prosecution #< he pleases He Iwo men came forwm and said they remem Another point to which he would refer was the must no think that becau-e ban Tsun is bered him being $. It was quite possible evidence of the man named Wong whom the not English, because he is not a white man, that these men mf rt be mistaken, but reason-
witness had never feel before or since the because he is a Chinsman, that he is free to pass ably probable t were correct; therefore, specified occasion. When the speaker asked any remarks he hikes upon him and that the witness, wl50 Leged that he paid the Chan Pui regarding the details of the business to be silent altogether. That is not the case, money at eleventh lock on that day, had his answers were given shortly, sharply and and he will never find it is the case so long as
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The Attorney-General-No. He said it was
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Mr. Slade-I shall remain quiet until my learned friend goes too far, then I shall certainly interrupt hitn.
The Atteruey-General-I understand from my learned friend that he would ask the jury not fo use the prisoner's by king account against him
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