August 24, 1907. |
The Attorney-General in opening the case, said the affair took place in the public streets of the Colony on the 21st July last. The deceased was foreman in Messrs. Watson's Soda Water. Factory where he had been for nearly a year. he three prisoners had also been employed in the same factory. For some time prior to the day of the murder there had been some trouble between the deceased and certain of the employees over the way in which the work was being done, and in consequence two of the coolies drew their wages and left. On 18th July, three days later, when the deceased came out of the factory he was surrounded by two groups of men, which included the prisoners. However the manager, Mr. Puddepba, came out and dispersed them, giving two of the men in charge. He saw one of the men strike the deceased, but he could not identify bim. Ou the 20th July a quarrel took place between the three prisoners and the deceased outside the factory and one man was heard to say to the foremaa "You need not be so saucy. Wait two more days and I will get some one to strike you." Nothinghappened until 10 o'clock in the m rning of the 21st. A number of men among which were the three prisoners were collected outside the factory and as the deceased man approached from the Hongkong Hotel there was a shout. "Here he is. That's he. Strike!" He was at once surrounded, but the factory employees, seeing what was happening, came to his
assistance. The
men ran off and the employees gave chase. The deceased ran after the second prisoner. Some blows were exchanged between them, the deceased according to one witness, striking the first blow, This was opposite the old King Edward Hotel. Whilst the two men were struggling, the first prisoner ran out from under the verandah and stabbed the decease on the left side with a knife, which was distinctly seen in his hand. The first prisoner was recognised by one man who speaks to knowing him very well and to seeing the knife in his hand. The first and second prisoners ran away. Five men were arrested in all, and put on trial, but the evidence did not justify the indict- ment against two of them and they were discharg- ed. He thought that the jury after hearing the evidence would find that the three men were there in all probability for an unlawful purpose, that they were there for the purpose of committing some act of assault or bodily harm upon the deceased. He submitted that the action of the first prisoner in rusbing in and inflicting a deadly wound was clearly murder, and as regarded malice aforethought, which was the essence of murder, there was nothing to rebut the assumption which the law implied. regarded the other two prisoners, he submitted that they went to that place with the inten- tion of assaulting the deceased.
AB
CHINA OVERLAND TRADE REPORT.
charged with aiding and abetting in the commission of the said offence. The attorney- General instructed by Mr. Morell), conducted the case for the prosecution, and the Hon. Dr. Ho Kai (instructed by Mr. Master of Messrs. Johnson Stokes and Master) appeared for the defence of the three prisoners.
A number of Chinese witnesses were called, and after Council had addressed the jury the the latter retired and after a short absence returned with a verdict of guilty against all three.
Sentence of death was passe).
IN SUMMARY JURISDICTION.
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Mr. Holborow-Did the Institute ever refuse to give you a room?
Plaintiff-No. The room they took it away.
was there, but
Mr. Holborow-With your consent ? Plaintiff-Yes, with my consent, subject to compensention, remuneration, or whatever else for a man to live on when he has to pay rent. you like to call it. $150 per mouth is not much
Mr. Holborow-You have a private income. Plaintiff - Never mind what I have privately, it does not matter a straw to you or anyone else, Mr. Holborow-Did you ever ask the Chair- man at a meeting for compensation ?
Plaintiff-Yee, but I was always told " Hush! Don't say anything about it just now."
The Institution was always in an extraordinary
BEFORE MR. A. G. WISE (PUISNE JUDGE). financial state.
AN INTERESTING ACTION.
Mr. C. J. Tyndale Lee formerly secretary of the Hongkong Institute of Engineers and Shipbuilders, sued the Institute for the recovery of $650, being compensation for rent of room for thirteen months. Mr. P. W. Goldring acted for plaintiff, and Mr. A. C. Holborow, of Mesers. Deacon, Looker, and Deacon appeared for the defendante,
Mr. Goldring at the outset applied for the deletion of the paragraph in the statement of defence with regard to the manner in which plaintiff had carried out his duties; it was not pleaded by plaintiff.
The Paisne Judge-It will not be raised before me. The whole question is whether be got his room or not; if he did not get his room it is simply a question of damages.
Mr. Holborow The defendants were always willing to have the plaintiffs occupy his room, and it was up to the plaintiff to occupy it.
On
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Plaintiff then entered the box and stated that he had lived at Moreton Terrace since 1905. In April, 1906, be entered into an agreement with the defendants to act as their secretary and manager for $150 per month and a free unfurnished room. He gave notice to the Land Investment Company that he intended to vacate the More on Terrace house at the end of May and made preparations for the removal of his furniture. On-the 1st of May he took up his duties at the Institute, but 88 Mr Lennox, the retiring secretary, had not re- movel bis property from the room at the Institute, plaintiff could not move in. the following day it rained in torrents and again plaintiff was delayed, and on May 3rd a Committee meeting was held at the Institute when the question of providing a card room for members was raised. The result of the discussion Was that utilised as
plaintiff's room a card room, with his consent, subject to compensation being paid for the loss of the room. Some months later he saw Ir. Heanley spoke to having examined the Mr. Crake, in his capacity as President of body of the deceased. There was a wound on the Institute, and asked him whether it was the left breast about one and a third inches not time the question of compensation was long. Death was due to hemorrhage.
settled. Plaintiff suggested that $40 per month Other evidence was called. One witness would be a fair compensation, but Mr. Crak spoke to seeing the first prisoner strike the thought $25 per math could be added to fatal blow, and a subsequent witness who said plaintiff's salary from the beginning of his he was standing under the verandah in front agreement and that later on, if circumstances of the Robinson Piano Company also testified warranted it, another $25 might be added, mak- to seeing the rat prisoner strike the aconceding the salary $200 per month. Plaintiff thought with the knife. The question arose whether witness could see from his position received anything.
the arrangement a fair one, but he had not what he said he could and the jury, having Questioned by Mr. Holborow, Plaintiff said expressed a desire to look at the place, was that he understood when he made the agreement allowed to visit the spot. On their return that he had to occupy a room on the premises. to Court, the Attorney-General was evidently There was no mention of the discussion satisfied that the witness spoke the truth, foring the card room on the minutes. he examined him only as to his later move- ments
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Mr. Goldsmith, of the P.W.D., submitted plans showing the scene of the tragedy.
The hearing was adjourned.
Tuesday, 20th August.
IN ORIGINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIE FRANCIS PIGGOTT).
THE DES VEUX ROAD MURDER. The trial was resumed of Tam Pin, alias Tam Lam who was charged with the murder of Lo Pak Cheung in Victoria on July 21st, and Lu Su Kai alias Fei Tuai Kai and Wan Hoi Chi who were
Mr. Holborow-You assisted that financial position P
Plaintiff No! My accounts were all right up to a cent.
Mr. Holborow-Messrs Lowe and Bingham's audited your books?
Plaintiff Yes. They dissected my accounts and said they were not properly summarised.
Mr. Holborow Didn't you offer to pay Messrs. Lowe and Bingham's clerks extra?
Plaintiff-No. 1 asked for a little assistance in order to understand how the books should be kept. I didn't understand the books. I was quite at sea till Mr. Lennox kindly explained them to me and I was ail right then. When I asked the auditors for some assistance they told me, if I wanted to be trained as an accountant, I would bare to pay for it. I told them I could not do that. I defy any one in the world to fine a red cent wrong with my accounta.
Mr. Holbo row--You were asked to resign weren't you?
Plaintiff I gave in my resignation. to his having given notice to the Land Invest- Evidence was given on behalf of plaintiff as
ment Company and to his engaging coolies to remove his furniture.
Mr. J. D. Morrison, a member of the man- last year, stated he was at the meeting which agement committee of the Institute in May decided to utilise the secretary's room as a card room, but said he never expressed suprise that Mr. Lee was oot to be paid compensation.
This concluded the case for the plaintiff. Mr. Holborow submitted that plaintiff had failed to establish his case.
The Paisae Judge-I think you should call one of your committee at any rate. I do not want to non-suit him at once.
Mr. W. A. Crake, President of the Institute, was called. In 1946 he was chairman of the macagement committee and corroborated the
suggested that a card room be added to the agreement between the parties. When it was
Institute plaintiff said he did not want the room, bat he did not apply officially for compensation until he was about to leave. He had spoken to witness personally.
Mr. Holborow-Was be ever promised com. pensation by the management committee ?
Witness-No.
could have had the room?
Mr. Holboro-Had Mr. Lee wanted it, he
Witness- Yes, at any time he could have had it. Mr.oldring- Did you say that if Mr. Lee had not brought this action he would have got compensation? Was it not the intention of the committee to give him compensation?
Mr. Crake (answering the fi st question) - With this reservation: I said that if he con- regard-ducted himself properly as manager he would get compensation. At one time it was contemplated to give him compensation.
Mr. Holborow - Why is that? Plaintiff-Well, I don't put down everything that takes place at the meeting. Some were in favour of it; some were ag‹inst it, and they talked and squabbled about it for I don't know how long. I don't take part in the discussions. I did speak once and was told to shut up, and I have religiously done so ever since. I could give them advice on many things but I don't They talked so much about it that I got tired of the whole thing. I did not want the room, and when they told me I was not to have it, I was very pleased. I had my own house,
Mr. Holborow Did you say to Mr. Crake that the room was of no use to you?
Plaintiff-No, I did not. What I said was, "I am quite willing to give it up, if you pay me the equivalent of it."
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mittee?
Mr. Goldring-By the management com-
Mr. Crake-No. By some of the members personally.
Mr. Holborow-What were the conditions ? Mr. Crake-First, if the Institute could afford it, and second, if he gave satisfaction. When it came before the committee it was unanimously decided not to give him anything.
'The Puisne Judge- ! hat was after he left ? Mr. Crake-Yes.
Mr. T. Skinner, chairman of the management committee, said that he was at the meeting in May, after which Mr. Lee stated that he was pleased tat he was to remain in his own quarters, as it would mit him better. Nothing was raid about compensation.
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