J
March 6, 1909.]
The Attorney-General-The fact that he told the compradore of the collection and the rob- bery shows that he falsely accounted for the money.
His Lordship-I should put it this way, that his statement shows that the bailment was at an end.
Sir Henry Berkeley, in his address to the jury, described the action of the police in placing that young man under criminal charges as extremely harsh. The defendant was allowed a free hand. He was permitted to keep the money пр till a certain time, till the end of the Chinese year. The system was loose from an English point of view; still it was the system in vogue in this place.
The Attorney General said it might be the custom, but it was an extraordinary one that a man in receipt of $10 a month was allowed to collect sums of $500 odd and to retain them in his possession for months.
His Lordship-You have put certain evidence in the box, and you cannot criticise that.
The Attorney General-I am merely com. menting on the extraordinary arrangement.
His Lordship-But is it your own evidence. You are treating it as hostile evidence.
CHINA OVERLAND TRADE REPORT.
absence from the Colony of a most important The Attorney-General said-Owing to the witness for the prosecution who was an eye enforced to enter a nolle prosequi qn the second witness of the affray, the Crown is reluctantly
trial.
His Lordship-The prisoners are discharged.
ALLEGED KIDNAPPING.
A Yaumati widow named Chan Sze was arraigned on a charge of kidnapping a child. (Hon. Mr. Rees Davies, K.C.) instructed by Mr She pleaded not guilty. The Attorney-General, Bowley, prosecuted, prisoner being undefended. The jury was empanelled as under: Messrs. E. Grimble (foreman), C. H. W. Kew, M. Rahfeck, H. L. W. Korten. J. A. Edgar, A. Shaw, A. J. P. Pamfrett, and
The ttorney-General informed the jury that the prisoner was a widow and she was charged with taking a child, some sixteen months old out of the custody of its guardian, Tsun Luk. This woman Tsun Luk received the child from its mother at Canton to take care of, and on January 9th last she brought the child to Hongkong. In to look after the child. The prisoner was February she was taken ill and needed some one introduced to her, and agreed to take care of the The Attorney General-No: I am merely child for $6 a month. criticising the custom in vogue.
Accordingly the child was handed over to her on February 3rd and His Lordship-You are practically asking the Tsan Luk visited the house on several succes- jury not to believe the evidence you have your-sive days to see how the boy was progressing. self put forward.
Addressing the jury, His Lordship said he did not wish to criticise the police in the least for having taken up this case, because one did not know what was behind it. All he could say was that he did not think it expedient for the police to take every case of embezzlement by a servant merely because of the fact that a crime had been committed. In the Colony in which he was Attorney General for cleven years they made an absolute rule that they would not pro- secute on behalf of private individuals un. less there
were special circumstances or public interests were involved. He could not help thinking that that was a sound rule because if they prosecuted against the wishes of the principal, firm or person involved they were rather apt to get evidence in the box which they did not like, and therefore the Crown was put in the position of criticis. ing its own evidence. On the three charges of embezzlement they would have to acquit the prisoner, as he was the servant the compradore and not of Mr. Marty. But of that did not dispose of the accompanying char- ges of larceny. The question was whether on the evidence of the compradore, which was evidence put forward by the Crown, prisoner was bound to bring back the actual notes which he received, or whether be was allowed to tam- per in any way with them before be paid them over. If he was allowed to put the money in the bank and draw it out at the time when he was bound to account for the money then he would not be guilty of larceny. When he told the com. pradore that he had not got the money, the bailment came to an end, but it should be re- membered that he advanced a story to show that his non-possession of the money was not due to any fraudulent cause. It was for the jury to decide whether they believed the story. If they believed the story they must acquit the prisoner.
The jury who were given questions to answer returned after an absence of thirty minutes, the foreman announcing that they were unani- mous in finding on the first question that the defendant was not guilty of larceny as bailee because he was given permission by the com- pradore to use the money entrusted to him as he wished up to a certain time.
His Lorship-You find him not guilty? Foreman-Yes.
The prisoner was accordingly discharged.
Wednesday, March 3rd.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT (CHief Justice).
THE PEAK MURDER.
The two prisoners who were re-arrested in connection with the Peak tragedy were brought
before the Court.
On the 8th February the child was not there and when she made inquiries she was told that a though she went there several days later the man named Ah Yau had taken it out, but
ation to the police with the result that the pri- child was not forthcoming and she gave inform soner was arrested. A curious feature of the case complained to the police on February 7th that Ah was that the prisoner herself appeared to have Yau had taken the childaway," her son "she called him, with her permission to sell him, but he had absconded with the boy, A little girl, a witness for the prosecution would tell the jury that the child was handed to Ah Yau by the prisoner, who told him that he must bring the boy back. Prisoner was committed for trial, but all efforts to trace Ah 1au or to find the child had been without avail. The caso for the prosecution was that this woman took from the lawful custody of the guardian this child and was a, party with Ah Yau to taking the child away, consequently she brought herself within the meaning of the of its guardian. The prosecution regarded the ordinance in taking the child from the custody, case as important, as the man had not been found and presumably was making a profit out of the child.
Evidence was called, and his Lordship ad- dressed the jury, who afterwards retired to consider their verdict. foreman announced that they found the prisoner On their return the not guilty. She was accordingly discharged.
୮
THE CANTON-HANKOW RAILWAY.
THE QUESTION OF OFFICIAL CONTROL.
The Nine Charitable Institutions, the Canton General Chamber of Commerce and the 72 Trades Guild have telgraphed the following petition to His Excellency Chang Chi Tung, Chief Superintendent of the Canton-Hankow Railway of the three Provinces:
main
191
sequently an Imperial Edict was issued sanc- the Kwangtung section of the railway, and con- tioning this arrangement. conditions for this section are quite different The terms and from those of Hupeh and Hunan. After the Edict was issued the different charitable Institu- tions started to collect the call due on the first instalment of the shares on condition that if the merchants, proved incapable of constructing
Institutions) would refund the monies paid to construct the railway they (the charitable the railway themselves, or if they should fail
conditions were embodied in a memorial to the to the Company by the shareholders. These Throne and officially recorded in Peking. The dissatisfaction formerly created over the con- officials having a hand in the management of struction of this railway was mainly due to the affairs. Now that authorised the establishment of a Government your Excellency has Bureau to superintend the construction of allay the suspicions of the public, and we fear the Railway, it will be extremely difficult to we shall not be able to collect the third in- stalment of the shares, Moreover there
"Your Excellency has delegated Taotoi Wong Ping Yan to superintend the construction of the Kwangtung section of the Canton-Hankow Railway and to reside permanently in Canton. Some time ago we received a cablegram from your Excellency stating that your object and desire is that the President of the Canton section of the Railway will use his influence to protect the interests of the Rail- way Company and that he will be held responsible for a proper exercise of his discretion in employing men to deal with the financial affairs of the Company. Your Excellency can- not be aware of the innumerables troubles and difficulties in regard to the construction of the railway in this province which we compelled to explain fully to you. When the Railway was redeemed from the American Development Company it was agreed that the This was entirely due to your efforts and we are gentry and the merchants were to construct it extremely thankful to you for your kindness. We undertook the responsibility of constructing
are now
are
88
many shareholders who seize this a pretext for demanding the return of their money, and trouble may therefore ensue.
"The people moreover will lose confidence the responsibility of refunding such a huge sum in the 1 haritable Institutions who cannot take
of money. All this is contrary to what has been Government. This section is the most import- agreed upon between the merchants and the
drawn to this matter. Now that it is in full Chinese and Foreigners have had their attention ant part of the Canton-Hanko Railway. Both
operation a change is detrimental and the people cannot consent to a change. Besides telegraphing this to your Excellency, the 72 Guilds and the Charitable Institutions have held a meeting and addressed of Canton bearing the chops of all the petition to the Viceroy signatories. With regard to the management of the Company it is difficult to please every- body.
a
the Company let the proof be produced and he If there is 8 dishonest servant in will be immediately dismissed and replaced by But for small faults the Company's interests another man appointed by the shareholders. should not be neglected. This is a joint petition sent by the signatories for your person-
the whole province will be grateful to you for way to abolish this Superintending Bureau and al consideration and they hope you will see your
ever.
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TURBULENT YAUMATI.
HOUSEBREAKERS STILL ACTIVE.
The police of Yaumati are to be congratulated on the activity displayed in the capture of three housebreakers who were charged before Mr. J. H. Kemp at the Magistracy on Mar. 3. There has been a lull in the robbery business on the other side of the water since the busy time after
hinese New Year, probably due to the special vigilance of the police, and, while this continues, housebreakers are not likely to have a pleasant
time.
yesterday the two defendants were caught in the In one of the cases that his Worship heard act of looting a store in Reclamation Street. They had gained admission to the shop by and had already made a large bundle of pro- removing part of the lining of a flight of stairs,
prised by the police. After hearing the evidence visions to walk off with when they were sur- Mr. Kemp sentenced each of the defendants to two months' imprisonment with hard labour. of the residence of a Japanese at 145, Mac- In the other case the accused forced the door donnell Road, while the inmates of the house value on the premises, and departed. When were absent, gathered together everything of Chinese detective 203 stopped him in the street later and questioned him the defendant told him Tsimchatsoi. The detective, not being altogether that he was taking the bundle to his master at
satisfied with the story, took the defendant to detained pending inquiries. He had not been the Yaumati police station, and there he was long in the police quarters when the Japanese from whom the goods were stolen called to report his loss, and identified the bundle of goods as his guilty, and sentenced him to six months' im- property. His Worship found the defendant prisonment with hard labour.
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