December 21, 1908.]
Mr. Atkinson pointed out that the receiving ↑ order was made by the court and the petitioning creditor should not be made to pay the costs His application was good at the time it was' made,
His Lordship replied that it was based on an allegation which they could not make good.
Mr. Atkinson--The estate was in bankruptcy. His Lordship-It should not have been. Mr. Atkinson-The estate was in bankruptcy until this morning.
His Lordship-I know. I have declared I have no jurisdiction to make an order. The
estate should not have been there.
Mr, Atkinson-It was by the order of the
court.
His Lordship-By the order of the court made on a statement which was unfounded.
CHINA OVERLAND TRADE REPORT.
Saturday, December 19th.
IN CRIMINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT).
MANSLAUGHTER.
455
INTERESTING EXTRADITION
ARGUMENT.
The hearing was continued before Mr. J. H. Kemp at the Magistracy on the 14th inst.; of the application for the surrender of Tse Choi Chai to the Chinese Government on charges of armed robbery and murder.
Dennys, of the Crown Solicitor's office, and Mr. The application was made by Mr. H. L.
Morrell) appeared for the defendant. G. E. Morrell (of Messrs, Goldring, Barlow and
Chia Yuen Fuk of murdering Choy Yueng at The hearing of the charge preferred against Cheongshawan on Nov. 26th The Attorney-General (the Hon. W. Bees was resumed. Davies, K.C.) conducted the prosecution, while e Castro, from Messrs. Goldring, Barlow, and Mr. R. E. Belilios instructed by Mr. D. Almada the prosecution. submitted that the defendant Mr. Morrell, after the closing of the case for
Morrell defended.
was entitled to his discharge inasmuc has the The jury was
prosecution had failed to prove one of the as under:
Mosers. David | essentials of extradition, and that was that the A. Purvis, Henry Reeves, Hedley, T. Richard-defendant was a subject of China. son, Johannes P. Ulderup, Thomas P. Hall
Thero was (foreman), Henry Gittins, and Frederick Ellis.
not a word of evidence to that effect, and the The case for the Crown being concluded,
case was closed. Mr Belilios addressed the jury: -He said the defence would be that it was deceased who first took up the knife, chased prisoner, and then a scuffle ensued. Before the CHIEF JUSTICE (SIR FRANCIS his knife and that was the time when prisoner In the scuffle deceased dropped PIGGOTT).
first got possession of it. Prisoner was thrown on the ground, his throat was being squeezed stabbed upwards in self-protection. There was by the deceased, and, being the weaker man, he not the slightest tittle of evidenc» to show that prisoner premeditated murder.
Friday, December 18th.
IN CRIMINAL JURISDICTION.
The Criminal Sessions have five charges, concerning ten men, to investigate. Two are murder, one wounding, oue robbery, one larceny and one receiving stolen goods.
THE CHEONGSHAWAN MURDER.
Chia Yuen Fuk was placed in the dock on a charge of murdering Choy Yueng at Cheongsha- wan on Nov. 26th. The Attorney-General (the Hon. W. Rees Davies, K.C.) conducted the prosecution, while Mr. R. E. Belilios instructed by Mr. D'Almada e Castro, from Goldring, Barlow, and Morrell defended.
Messrs. The following jury was empanelled : Messrs. David A. Purvis, Henry Reeves, Hedley T. Richardson, Johannes P. Ulderup Thomas P. Hall (foreman), Henry Gittins, and Frederick Ellis.
The Attorney-General contended that the witnesses whatever, was highly inermibio. evidence of the prisoner, nucorroborated by any
first first time a Chinaman in the Assize Court His Lordship, summing up, said that it was the had availed himself of the privilege of going into the box and giving evidence on oath on so serious a charge, And they must remember that it required a great deal of pluck to face the prisoner were not speaking the truth. He (his Attorney Goueral's cross-examination if the Lordship) could not say that the witnesses on behalf of the Crown had been altogether which made it hard to believe that they spoke satisfactory: there were certain discrepancies exactly the truth, although they probably believed
that what they were telling Lordship said if the jury believed that it was was what they thought they Kaw. His prisoner who chased deceased, that a quarrel followed, and this led to the wounds being given, they must find him guilty of murder. But if they believed that the two men had a quarrel, there was a pursuit, and something of which they were not quite clear happened, it was their duty to bring in a verdict of manslaughter." slaughter," with a recommendation to mercy.
The jury returned 8 verdict of man-
recommendation to mercy, and the circumstances His Lordship said, having regard to the of the case, he should sentence prisoner to two year's imprisonment with hard labour.
The sessions were adjourned
un'il 4th
January
COMPANY'S OFFICE.
|
closed while the cross-examination of a witness Mr. Denny-I take it that the case is not is still open: With reference to the point raised, I would call your Worship's attention that the identity of a fugitive criminal must be to a provision of the Ordinance which states given to the satisfaction of the Magistrate.
Mr. Morrell-As your Worship well knows, in cases of this description it must be proved that the criminal is a native of China. That was held in the case of Wong Ka Chuen.
Mr. Deunys I submit
your Worship would not have issued that order unless you were satisfied that the prisoner was a subject of China.
that he has been seen at the place where the His Worship The great majority of Chinese are subjects of China, and the evidence shows
robbery took place.
witness from the Heungshan Magistracy on the Mr. Dennys asked permission to recall a point.
Mr. Morrell-I don't see what he can prove. His Worship-There mest be some prima facie evidence. I will allow the last witness to- be recalled.
Chan Shing said the defendant told him, he came from Sunning. Witness had known him for seven or eight years.
Mr. Dennys-I submit, your Worship, that that is sufficient prima facie evidence.
that the defendant is a subject of China. Mr. Morrell-My friend has got to prove Extradition in itself tends to be a breach of the British flag, and has to be treated very care- fully. It is absolutely absurd to say, on this evidence, that the defendant is a subject of China. I might live in Germany. for even or eight years, but that would not be evidence that I was a German.
evidence, having regard to custom.
His Worship-In this case I think it is
man
Mr. Morrell Your Worship-knows the custom of the Chinese.
If you ask a where he comes from he might say Heungshan. Then if you ask him where he was born, he might say Hongkong.
His Worship-I think there is prima facis
| evidence.
Mr. Dennys-This man is a very well known robber.
The Attorney-General, in opening the case, said the deceased man lived at Cheongshawan, in the New Territory, and he and prisoner lived together in an un-numbered house. The murder appeared to have arisen out of a quarrel between them on November 25th. The principal witness in the case was a stone carrier, and he would tell the jury that he was in the habit of visiting the house. On November 25th, the night before the affair took place, this witness went to the house, and while there a dispute arose between the prisoner and deceased as to a dollar and a half. The deceased man alleged sum of a that the accused had stolen this money from him. Subsequently there W&S tween the men outside. The following morn a fight be- ing the same witness paid another visit to the house and found deceased sitting on a bed. Shortly afterwards prisoner came in and the quarrel was resumed on the same subject as the night before. After the dispute had been going on for some time, prisoner produced a knife, whereupon the decased immediately ran out of THE ROBBERY AT THE EWO COTTON the house, and was pursued by the prisoner with the knife. The witness followed and saw the prisoner come up with the deceased after a run of some 20 yards, catch hold of him by his queue, and stab him. Thereupon the deceased of Mr. Alfred Shaw, manager of the Ewo Cotton Inquiries made by the Police, and the report appeared to have held on to the prisoner by Company, show that the attempt to rob the his queue and called out "Save life. witness then run up, seized the prisoner, of burglars who were familiar with the sur-making such statements.
The office of that Company was made by a gang
Mr. Morrel-I must object to my friend snatched the knife from him, and called roundings. When Mr. Shaw entered his office for assistance. Shortly afterwards another at 5.30 on Wednesday morning he found the of the sort which my friend suggests, but which Mr. Dennys-It is not easy to get evidence up with a rope, and he and the drawer of his desk broken open, and on making could be obtained in England or Germany if we witness bound the prisoner. The story as to a search found that 815 had been taken. He the quarrel and the murder would be borne out saw also that the large iron safe had been bound In China it is a perfectly different case.
were dealing with English or German subjects. by a married woman living in a house near. with ropes to which were attached a bamboo the evidence in this case is quite sufficient as it I say Probably the only question the jury would have pole, the intention of the burglars evidently stands. It has not been contradicted by my to decide was whether there was murder or being to manslaughter.
the safe away. As the evidence read in the found a canvas bag containing an old file, some
On the floor he friend that this man is a robber and goes about depositions, there would probably be no doubt wire and torch paper, and in a search outside the
with others to attack houses. that prisoner inflicted the wounds, and that as office the police found three pairs of Chinese friend practically admits, that he does not
Mr. Morrell There a result the prisoner died.
it is again. My It would be for the shoes concealed in some bushes. jury to say whether there was what was known exception of the $15 mentioned, nothing had been
With the know where the man comes from.
In ex- as "malice aforethought," whether the fact of removed from the office, an alarm probably who are subjects of China, and it is up to tradition we only hand over to China people the quarrel the night before, the production of having hastened the departure of the robbers the prosecution to prove that the defendant is a the knife, the following of deceased by the before they had completed their work. prisoner with the knife for some distance down Indian watchman informed the police that an
An subject of China, or at all events he must give the road, and then inflicting the stab upon him hour previous to the arrival of Mr. Shaw he saw
very substantial evidence. Otherwise, it is Was" malice.”
After hearing evidence, the case was ad-run in the direction of Causeway Bay. Detec
three Chinese rush through the main gates and ' habeas corpus proceedings.
simply putting the man to the expense of taking journed.
tives are now investigating the matter.
man came
carry
say that.
Mr. Morrell-My friend has no business to
Mr. Dennys According to this case he is a
robber.
www.
His Worship-I think there is prima facie evidence.
No comments yet.
Private notes are available after approval.