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210
SUPREME COURT.
Friday, 20th March.
IN CRIMINAL JURISDICTION,
BEFORE SIR FRANCIS PIGGOTT (CHIEF
JUSTICE).
THE CONSPIRACY CASE.
The conspiracy case in which four Chinese were alleged to have conspired to defraud a contractor of a large sum of money was opened at the Criminal Sessions. The indictment against the four prisoners was exceedingly lengthy. It set forth that Yuen Fok Shang, Yin Shin Shan, Chan Kam Tong and Chan Yat Hing were charged with conspiracy and false pretences. There was only one count against the fourth prisoner but there were three counte against the others. The Attorney-General, Hon. Mr. Rees Davies, instructed by Mr. Bowley, Crown Solicitor, conducted the prosecu tion and prisoners were defended by Sir Henry Berkeley, K.C, instructed by Mr. F. X d'Almada a Castro.
Before the prisoners were asked to plead, Sir Henry took an objection to both charges of conspiracy and false pretences being based on the same statement of facts and argued that two charges could not be brought upon the same statement of facts.
His Honour did not uphold this view, and the prisoners all pleaded not guilty.
The following jury was empanelled: Messrs. A. B. Moulder, D. B. Murray, P. 8. Jam-800, A. A. Claxton, T. B. McGuire, J. A. Young, and E. S. Joseph.
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The Attorney-General in opening stated that the case was not devoid of humour. The first acoused was a broker, the second was a man out of employment and called an expectant official, the third was a youth of about 16 years of age, and the fourth was a shopman. The circum- stances of the conspiracy were as follows. The first and second defendants represented to the prosecutor, who was the managing partner in a building firm, that they should start a new firm and that they should subsoribe part of the capital, the remainder to be subscribed by the third defendant who was represented as being a wealthy youth. They then arranged a series of dinners at Chinese restaurants at which complainant and the other four men discuss ed the details of the new business. The scheme appeared to have started on the 7th July last year when the first and fourth defen. dants asked the prosecutor to join a contractor's and banking business of which the prosecutor was to be manager. Prosecutor was willing to join and the following day the two men took. him to a house where they met the second defendant. They arranged to meet at a Chinese restaurant and there the prosecutor was in- troduced to the third defendant. The five men discussed the details of the business and another
dinner took place the following day, and a third was held two days later. On the last occasion it was arranged that the prosecutor sunuld pay $2,500 as his contribution to the capital of the new firm and it was decided that they should meet од the 15th July at 8
THE HONGKONG WEEKLY PRESS AND
as he
out that the first and second defendants had
him lost to the third and they told had joined their busines he mast share their loss-6. They induced him to sign an 1.O.U. for $1,000 in addition to the $2,500 which he had already paid. On the following da prosecutor went to the boase where he hat met the defendants and was refused admission, He found that they had fled. Nothing was seen of them until October last when the recond defendant was seen in the street by the pro- cutor, who met the first defendant in the street the following day. They were both i arrested, as were also the other two.
Evidence was called in support of the charges and the case adjourned.
Tuesday 24th March.
IN CRIMINAL JURISDICTION.
BEFORE Sin FRANCIS PITT (CHIEF JUSTICE).
THE CONSPIRACY CANR.
The conspiracy cass in which four Chiness were all ged to have conspired to defraud a contractor of a large sum of money WES continued. The indictment set forth that Yuen Puk Shang, Yin Shin Shan, Chan Kam Tong and Chau Yat Hing ware charged with con spiracy and false preteuces. There was only one count against the fourth prisoner but there i were three counts against the others. The Attorney-General, (Hon. Mr. Rees Davies), instructed by Mr. Bowley, Crown Solicitor, conducted the prosecution, and prisoners were defended by Sir Henry Berkeley. K.C., ia structed by Mr. F. X. d'Almada e Castro.
house to receive the moner, and that the whole capital of $40,00% should then be lodged in the Hongkong and Shanghai Bank. On the day arranged the prosecutor took his 82,500 to the house name land met the other parties. The second defeunt suggested that they should hand their money over to the third defendant, the wealthy youth, and the second defendant handed over
a quantity of bank notes and Chinese drafts as his share. The prosecutor was suspici us of those notes and asked to see them but the third defendant seemed to be satisfied and accepted the notes but there could be little doubt but that those were forgeries. The prostor then handed over his $2,50) to the third d fendant who put the money in a cash box. After this the parties had tiffin together and everything seems to have gone merrily. There was no dubt that they had a good deal to drink, for the third; defendant said he was too ruk to go to the bank. They then suggested: game of fantan which prosecutor was persuaded to join. fourth defendant however spont the smoking opium. Afterwards it
WAS
The following jury bad the case: Messrs. A. B. Moulder, D. B. Murray, P. S. Jameson, B. A. Claxton, T. B. McGuire. J. A. Young, and E. S. Joseph.
The third day's hearing concluded yesterday when the jury returned a verdict of not guilty against all four prisoners. The fourth man, Chan Yat Hing, was discharged, but the others will be tried again on Thursday on similar charges of conspiracy, and false pretenoas.
*
The defence was a denial of conspiracy or fraud, aud that the whole tra saction was gambling affair in which complainant was had as the others.
UR
A feature of the final proceelings was that the verdict of the jury was written and with the consent of the court and counsel was read. The jury found that there was no intention of forming a contracting and banking business and that the prosecutor was aware of this, and that the accused were not guilty of conspiring to defraud.
The Attorney General submitted that the proper course was for the jury to say whether the prisoners were guilty or not guilty of con spiracy as set out in the indictment.
After some discussion, his I, rdship asked the jury to retire again and bring in a verdict of guilty or not guilty.
The jury returned a verdict of not guilty, and the fourth defendant was discharge but the Attorney General said he ha! further indict.
ments to present gainst the other three.
| March 30, 1.908. appeared for plaintiff and Mr. Sergeant from the office of1*Messrs. Wilkinson and Grist appeared for the defendunt.
Plaintiff said that she was married to the defendant in 1914 according to the Mohammedan law. She went to live in the same house with his mother but the latter after a time drove har out. She complained that her husband had not maintained her. She never had enough to eat A and he never paid for any clothing for her. Bon was born two years ago,
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Cross-examined---She lived in Queen's Hond with her husband. His mother drove her ont of the house and also drove him out.
Defendant ubmitted the agreement made batween him and her father in which it was said that she would be good" and "would obey him." But she never ob yed him. She was always making rows,
What reason did she give for leaving your house? She was always out walking. She used to go to Chinese thostres and used to gamble. I caught her several times gambling in Austin Road.
Were you willing for her to roturu?— but she never obeyed my orders.
-You
-
Why did you go to live at Queen's Road? Because she said she did not like to live with my mother.
Defendant then related how he came home at fire o'clock and did not find his wife in the house.
When she did come back he asked her to make chow but she only scolded him.
Cross examined - Did you ever strike her? No.
Did she ever strike you?—Yes, she strnok me with the broom and with the slippers.
His Honour-Is she a Mohammedan?—Yes, she was brought up as a Mohammedan aid, dresses as a Chines».
D-fendant said he was willing to take his wife'
back.
Judgment was entered for the defendant with costs.
Thursday, 26th March.
IN CRIMINAL JURISDICTION.
BEFORE THE CHIEF JUSTICA (SIR FRANCIs Piggott).
THE CONSPIRACY TRIAL.
Yu-n Fuk Shang, Yiu Sai Shin and Chan Kam Tong, who ware found not guilty ou Tuesday by a jury of charges of conspiracy and false pretenoes, wire again indicted to which they pleaded on similar charg
The Attorney-(Isneral not guilty.
(Hon. Mr. Reas Davies), instructed by Mr. B›wley, Crown Solicitor, proscuted, and Sir Hoary Berkeley, K.C. instructed by Mr. F. X.
Almada » Castro, defended. The following jury were empanelled :—Messrs. G. A. Eagel (foremin), J Robertson, J. H. Moller, H. J. | Colaban, J. Hahn, P. E. F. Stone aad J. : Clelland,
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The Chief Justice said it would be better if :
another julge and jury tried the other charges
The Sessions were adj›urned till Thursday.
A NEW BAKRISTER.
Sir Henry Barkely, K.C., moved that Mr. Noel Charles Minchin be enrolled to praction as a barrister. Mr. Hime was from the Inner
Temple and was a member of the Bar of the Supreme Court of China and Korea.
The Chief Justion said the papers were in order and he had much pleasure in admiting
Mr Home.
Mr. Home thanked his Lordship and retired.
Wolnesday, 25th March.
IN SUMMARY JuzisigeriON
-Berorg Mr. H. H J Goɣreatz (Acriss Priss¤ JUDAE).
ADIROBED ENT WIFE. The Miriam B claimed from her husband Alber time Khan, a clerk, $210 alleged to be das for main mado tenance for two years” Mr. Crowther Smith
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The Attorney.Ganaral asked the jury not t› be influenced by anything they had heard or read concerning the previous trial. Proceding,
he said that complainant, Chan Sing On, who
was a salesman in the Sincere Company, was introduced to the first and second defendants on 26th October list when they talked about bating a piece goods company. On the next day and the day following they further discussed the matter and it was arranged that com. plaint was to subscribe $500 and be manager, and that the first, second, and third defendanta would put up the remainder of the capital. Then the pirties had a series of dinners in Chinese restaurants and at the last it waR
deeded that the money should be paid on the Од 6th November, at 58 Hollywood Road. that day complainant "borrowed 3700) from
took Kam and
it 10 the ¡Young Tia
found ન where
the two- base Atatad
The first dofaadants, the third being absent, and second defendants persuaded, complainant play fanten with them and with the third defendant in such'a way as to sh at No. 3 who had been gambling and losing heavily. The object of this arrangeman', they explained, was to get the third defendiat's money and put it in the Saslange and so prevent him from losing It was arrang-d al his many by gambling. that the complainant was to be banker and that he was to indicate to the other two by exposing
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