328
SUPREME COURT.
Friday, 15th May.
IN SUMMARy JurisdicTION.
BEFORE H18 HON. ME. H. H. J. GOMPESTZ
(ACTING PUISNE JUDGE),
▲ DISHONOURED CHEQUE,
8. D. Hiokie, trading as the China Express Company, brought_an_ao1ion against H. 8. Holmes, trading as H. 8. Holmes and Co., 54 Queen's Road Central for $130, being the amount of a cheque drawn by the defendant in favour of the plaintiff, for freight, and which on presentation was returned unanswered. Mr. 8. Dixon from the office of Mr. R. A. Harding appeared for the plaintiff. Defendant did not enter an appearance,
Sydney Douglas Hickie said he represented the China Express Company. His glaim was originally for $130.40 for freight, but defendant had since paid $40 and he was now suing for $90.49. The cheque produced was the one which had been dishonoured.
Judgment was entered for plaintiff for the amount asked.
Mr. P. W. Goldring agreed to the sugges tion of his Honour to apply to the Bankruptcy Court.
Monday, 18th May.
IN CRIMINAL JURISDICTION,
BEFORE THE CHIEF JUSTICE (811 FRANCIS PIGGOTT),
ROBBERY,
Three Chinese were charged with assaulting Tseung Tani Poi and stealing from him the sum of 84, a kettle, clock, and various other articles. The Attorney-Gener (Hon. Mr. Rees Davies), instructed by Mr. Bowley, Crown Solicitor, prosecuted, and defendants were undefended.
The following jury was empanelled: Messrs. J. Cruickshank, 6. C. Lane, E. T. M. Marcenaro, J O. Sheppard, R. H. M. Reuter, A. W. Lamperski, and T. Shand.
THE HONGKONG WEEKLY PRESS AND
Wednesday, 20th May.
IN CRIMINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR
FRANCIS PIGGOTг).
THE HILLSIDE MURDER.
The three men Wong Chin Kwai, Tse Mau Fat and Wong Sam Ho, who are charged with the murder of three Chinese near Shatin on December, 1906, were arraigned on the capital charge. The Hon. Mr. Rees Davies, K.C. (Attorney General), instructed by Mr. Bowley, Crown Solicitor, conducted the prosecution, and the Hon. Dr. Ho Kai, ina ructed by Mr. G. K. Hall Bratton, appeared for the defence.
The following jury was empanelled-Messrs. Isaac S. Perry, J. C. Sheppard, James T. Shaw, W. Taylor, W. E. Rose, W. J. Eldridge, and A. A. H. Milroy.
The Attorney-General, in outlining the case for the prosecution, said that the three prisoners at the bar were there to stand their trial for the wilful murder of two men and a boy at Kun Yam Sang on the 2nd December, 1906. The case throws a barning light on human action NOT A COURT OF APPEAL.
and discloses a crime rarely equalled in its His Honour referring to the issue as to brutality. Luk Sang, one of the decensed, was a whether Ng Kau Shang, one of the partners of man aged about 3. He had been a cabin steward the Yuen On Company, had any authority to
on various ships sailing under the American give notice to creditors of the firm's intentionsg on the Pacific and finally was on the to suspend payment of debts, said he had come
"Minnesota." He seemed to have had plenty to the conclusion that he had no power to deal of money as compared with his relations and in with it.
August of 1996 he stayed at home, living with his wife and mother at Kowloon city where he had a house. Lukang was a native of the Hakka village of Kun Yam Sang near Jank Bay and his wife was also a Hakka. Luk Sang's father was buried at Lan Tan, but bis grandfather was buried at Kwloon city which was not regarded as a proper grave from a Chinese point of view. During his holiday Lak Sang spent some time in repairing his father's grave and in looking for a suitablī site for a
grave for his grandfather. As they knew the Chinese attached a great deal of importance to discovering suitable graves for the repose of their dead. This element was a very prominent one in this particular cise. H. engaged Wong Sam Sau, the other murdered man, to repair his father's grave. This man, who was a relative of his, was a farmer and in addition to farming he made graves. It woul! bell known to them also that there was a class of men known as geomancers, who professed to be versed in the science of fangabai, and were experts in selecting graves. The second prisoner. Tse au Fat, was also a geomaucer, He was acquainted with Lak Sing and wished the latter to employ bim as a geomano-r in con nection with the graves bat Lak Sang declined to do so. From the evidence it appeared that between 15th Oct., 19 6, add Nov., 1906, the second accured went to Lak Sang's house and tried to persuade him to engage him in reference to the selection of the grave, at the same time demanding several te s of dollars, and adding that if he was not allowed to do the work Luk Sang's bead would fa l off within 70 days. His final words were " If not I will throw away my compass and leave Kowloon city." The most valuable instrument of the geomancer's calling is a Chin-se compus covered with astrological signs. Shortly after this the second prisoner concocted a scheme for the robbery of Luk Sang. The evidence on this point depended mainly upon the confession of Chan u who admitted having taken part in the murder and who had turned King's evidence. His evidence, corroborrated as it was by material facts, was relied upon by the prosecution. This man stated that in autumn of 1936 he was working as a blacksmith on a new military road behind Kowloon City but in addition he dealt in illicit opium in his matshed which was a suitable place for smoking opium and was patronized by a number of people. The pri- soners met at that shed to smoke opiam during the autumn of 1906 and on the 28th November the three prisoners went there between ten and eleven o'clock in the morning and they asked him to join them on an expedition to make money. He agreed, and the second accused told him they would call for him on the 2nd December. On the 1st there was a
The Attorney-General, in opening the case for the prosecution, said that on the 27th March, the three men approached the house of the complainant who keeps an opium shop at Pan Hang and knocked at the door. He went in answer, taking a lamp with him, but no sooner had he opened the door than the lamp was snatobed from him by the first acoused and the first and second men followed this up by putting a bag over his bead and tieing his hands and feet. They threatened to barn him unless he told them where his money was. He told them and they ransacked the house taking the four dollars and a number of other articles. When they went away complainant succeeded in liberatia himself and sent his daughter to the police while he himself went to the temple where he saw the priest. Sergt. Clark visited the house and found it in a state of disorder. A few days latter he went to Tapmun where he saw the first defendant in a boat and the second on the shore close by. He arrested them both and in the bottom of the boat were found a number of articles which had been taken from the house of the complainant. On April 6th the police went to the house of the third socused at Tapmun and arrested him. Three other things which complainant recognised as his property were found.
The jury found the first and second prisoners guilty on both counts, but as regards the third prisoner the jury were not unanimous, four being for conviction and three for acquittal. As the majority has to be five to two the prisoner was discharged, his Lordship expressing his agreement with the jury. The other prisoners were sentenced to three years hard labour,
A
[May 25, 1908.
feast in the house of
the relative of deceased man, Lak Sang, and his wife went there. Prior to this Luk Sang had spent some time in looking for a suitable site for his grandfather's grave, and the second accused had asked to accompany him on those excursions. About four o'clock on the after- noon of the feast the first prisoner, who lived at Kan Yam Sang, asked Luk Sang to go over the hills with him to a certain plics. He knew that Lak Sang carried a rev-lver and - had previously asked him to give it to him which Luk Sang had refused to do. Luk Sang's wife, seeing that her husband had been drinking somewhat tried to persuade him not to go, especially as it was getting dark, but the first prisoner pressed him to go as the business was urgent. He would accompany him over the hills, he said, and bring him back to Kowloon city. Lak Sang then got his wife to hand him 30 Mexican dollars and the two men left the house. When Luk Sang left the house he had, besides the money, a watch and obsin, a diamond ring, and a revolver in his pocket. The men went to the house of a cousin of Luk Sang's and there he stayed the night at Kan Yam Sang.
After breakfast he went out
accompanied by the two sons of bis host. When the latter, who is a farm'r, returned home for the midday meal his sons were not there but in the evening the younger son returned. The widow of the deceas d man Wong Sam Sau would tall them that Lak Sing visited her that day along with the two boys and after the mid- day meal Lak Sang, her husband and the boys went off It appeared that Lak Sang wanted the boys to return home, but the elder declined. The younger went home to his father. All three went up the hill. Behind the village of Kan Yam Sang is a prominent hill, a favourite resort of the villagers, and ■ likely place for a grave site. The trio went in the direction of this peak. Having traced their movements so far the prosecution had now to rely on the evidence of the accomplice, who admitted that he was a party to the dastardly orime, but whose testimony he would ask them to accept, as it
Was corroborated by material facts. The three prisoners met at 11 o'clock at this man's shed to smoke opium and after smoking they said they were going to make money. The second pri-oner explained that if Lak Sang was caught, there would be over $100. They persuaded the informer to accompany them. The theory of the prosecution was that the quartette walked about the hills above and behiud Kan Yam Sang until they saw Luk Sing approach, the other two walking bobinp him. The ficat prisoner asked Lak sang to show them the grave site he had selected. Ho agreed to do so and he had no sooner turned aside than the second prisoner said "lay hands on bim" The four men caught him from behind and the second prisoner hit him on the head with a chopper and struck him on various parts of the b dy so severely that he died almost immediately. Apparently Wong Sam au ran to his rescue but he was caught and similarly treated. The small boy was standing some little distance off crying for help ane while the first and third prisoners searched thd bodies for booty the second prisoner killed the little boy also. Caau Ya would tell them that he found 80 on Luk Sing and took possession of them while the others took the watch anp chain, the ring and other things. The inform r becoming frightened ran away sad after proceeding some distance he took off his blood stained jacket and threw it into a stream, He
then returned to the matshed and afterwards left for his home in China. He did not reṭara until the 21st February this year apparen ly thinking the matter had then blown over; but on the 28th March from information received the police arrested him at Kowloon city. When the farmer found that his son did not retura he searched the hills and ultimately came upon the three bodies lying close together and the polios were informed. The post mortem examination showed that death in each case must have been instantaneous and that the wounds were such as might have been inflicted by a chopper. Naturally the murder caused a great deal of excitement but the police were unable discover any olas but from information sab sequently received they arrested Chan Yn, the informer,and afterwards the three prisoners were simultaneously arrested. In a box in the first
to
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