406
ALLEGED
THE HONGKONG WEEKLY PRESS AND
ASSAULT BY EXCISE ordinary clothes, looked like coolies in
OFFICERS.
INTERESTING CASE AT THE
MAGISTRACY.
Interesting proceedings took place at the Magistracy before Mr. Hallifax on Nov. 5 when four of the Opium Farmer's excise staff were charged with having assaulted two tallymen on board the steamer Cyclops on August 11th last. Mr. H. J. Gedge, of Messrs. Johnson, Stokes and Master, appeared in support of the summonses, and Mr. W. E. L. Shenton, from the office of Messrs. Deacon, Looker and Deacon, appeared for defendants.
fact, and had no distinctive dress, nor did they display any badge to indicate their office. The two tallymen were dragged by their queues along the deck, pulled about and finally placed on board a lighter and were afterwards taken ashore in a sampan. The quartermaster and the chief officer went down into the fighter to see that the men were not further illused, and they would say that they saw one of the com plainants hit with an iron bar while on the lighter. The second officer accompanied the men ashore to ensure their protection. The captain would tell his Worship that the men were brutally treated and when he remonstrated wito the European officer he was told that if he interfered with him in the execution of his duty he did so at his peril. Mr Gedge submitted that the men should have displayed such a badge as the Captain Superintendent of Police should direct secret service men to wear. Sergt Wilson pushed the captain aside when he remonstrated and took no notice of what the captain said."
His Worship-Is the officer charged with assault?
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[November 8, 1909.
INTERESTING STAR FERRY
PROSECUTION. ↳
The hearing was resumed at the Magistracy on Nov: 1 of the charge against G. A. Souza, a ticket collector in the employ of the Star Ferry Company, for fraudulently substituting another ticket for one presented to him to be punched by Corporal Whisk. Mr. Shenton, from the office of Messrs. Deacon, Looker and Deacon, conducted the prosecution, and Mr. P. W. Goldring appeared, for the defence.
Mr. J. Hooper, from the Star Ferry Office, was examined by Mr. Shenton.
What are the tickets issued for ?-For sale. For anything else ?--As a check on revenue. Do you give any receipts for them ?-Only the ticket.
If a ticket inspector finds anybody on board without a ticket, what is his daty P-To run him in.
His Worship-Do you mean report to you? Witness -Yes or report to the police him-
self.
Sergeant
The hearing was adjourned until the 4th instant when Corporal Whisk, was recalled, and cross-examined by Mr. Goldring. He said he sometimes crossed to Kowloon ten times in а week. He had been Garrison Provost Corporal in Kowloon since October 6th. Witness' ticket was never collected on the ferry on the day in question Ward crossed with him. When witness entered the enclosure his ticket was not punched. He was alone when he handed it to the defendant. He did not tackle the defendant at once, because he was not sure what was wrong, although he knew something was wrong. He had not heard that the defendant had ordered soldiers from the first to the second class, and did not know that soldiers travelled first class with second class tickets, He thought soldiers would be the last people in the world to do that. When the ticket seller saw his ticket he said, “No good;
When the case was called, Mr. Shenton objected it to going on, and asked for a formal remand. He said the position was that in August last summonses were issued against the complainants in this case, some in respect of assault and some in respect of opium which was confiscated. Those men were convicted and ordered to pay $10 each. The ship then went away and returned to the Colony some five days Mr. Gedge-No. I cannot charge him with ago, when the complainants took out those sum-assault, nor can I charge him with aiding and monses, which were not served until five o'clock abetting. He allowed this thing to go on with the previous evening. Having regard to the out the slightest interference, and further steps gravity of the offence-those men being excise will be taken against him if we think it necessary. officers he must ask for time to prepare the
Captain Harris, of the Cyclops, said he re- case. He contended that these proceedings were membered the 11th Angust on which day he merely vexatious, as the complainants had every heard, while in his room, a disturbance on deck. opportunity to issue the summonses when they He went out to ascertain the cause and saw one were last in port, but they did not do so. Now, of the defendants dragging two tallymen along at the last moment, when the ship was to leave the deck by their quenes. Witness thought the within a day or two, they brought those proce- man was a coolie or a painter. The tallymon edings.
were taken down the ladder by the first defendant. who was accompanied by the fourth defendant. A police sergeant in uni- form was watching the proceedings, and the captain asked him under what authority the men were acting. He told witness to read his Hongkong regulation and he would then find out, or that one of the coolies on deck would inform him. The captain protested against | old.” the unnecessary violence which was being used.
Mr. Gedge said that the Government hading a ticket and travelling over on the ferry to guaranteed the fullest inquiry into the case, which inquiry was to take the form of proceed ings hefore his Worship. In the inquiry he wished to get out every material fact and any thing with regard to the conduct of the officer ought to go down on his Worship's notes.
Mr. Gedge said on August 1th last the sum- monses against the complainants were brought and the ship sailed the following morning. The vessel was now going away and if she were detained demurrage would amount to 1,000 a day. She would be away for three or four months, by which time everything would have been forgotten. His friend was not suffering any more disability than he was at the time his clients were summoned. The summons should go on, as it was a case of common assault.
His Worship-I think you must go on with the case, Mr. Shenton.
Mr. Shent n-I submit it is impossible, ba- cause I do not know what witnesses the
defendants wish to call.
Mr. Gedge-We can get through the
steamer's case and then ask for a remand.
Mr. Shenton-I think it is most unfair to usk me to go on. It is not an ordinary case of assault at all. It is a case of assault by excise officers whilst executing duties conferred upon them by the Government--a most serious -offence.
His Worship-You say you have had no opportunity of seeing witnesses at all?
Mr. Shenton-None whatever. I was only instructed less than an hour ago.
His Worship-I can give you an hour in which to look into the cases, but that is the most I can do.
Mr. Shenton-The excise officer tells me that the only thing to do in the circumstances is to withdraw under protest. It is absolutely im. possible to go on.
Mr. Gedge said his friend's position was trivial and ridiculous. Mr. Hogarth was present when the men were identified by the crew of the steamer On Tuesday afternoon. He knew perfectly well what the matter was about and that certain excisemen were going to be charged. He could only come to one conclusion and that was that the affair had something to do with what took place on board the Cyclops on August 11th. He had had from Tuesday afternoon until last night to see his witnesses and had access to the men on board ship that day to take their statements. Why was not that done? Mr. Shenton said he could not possibly go
on.
His Worship-Then you withdraw ? Mr. Shenton Yes, under protest. Mr. Shenton then left the court. Mr. Gedge outlined the case.
On the 11th August when the Cyclops was in Hong- kong harbour loading and discharging cargo, a party of excise men seized two of the tallymen, dragged them along the deck, and put them on board a lighter. The men were wearing
His Worship said it could only go down if ho was a party to the assault.
Witness added that the sergeant pushed him on one side, and told him if he interfered with him in the execution of his duty he did so at his peril.
r. Shenton returned to court and said he had seen his clients again, and if the witnesses could be recalled he would conduct the case as far as he personally could.
瞿
Mr. Gedge said that the ship would be delayed till four o'clock.
Witness said he remonstrated with the police officer.
Mr. Gedge-What did you say? Mr. Shenton · Again I object.
Were the defendants present ?-Yes. Why did you remonstrate? -Because of the unnecessary violence. They were in great distress. They were in tears,
What did you do?-I sent the second officer to the sampan to prevent further violence. The cries were in Malay. The chief officer and the quartermaster were down in a lighter to prevent further violence, and after the arrest had been made I sent the second officer ashore to watch them.
Did the European sergeant do anything to you ?-He pushed me at the gang way.
His Worship-Is this part of the assault? Mr. Gedge-Yes. It is part of the whole proceedings.
Had these men any badge ?—No,
Did you hear them declare their office to any- one ?-No.
Witness added that those men were accus- tomed to being searched, and took it. as part of the routine.
Mr. Shenton reserved his cross-examination. George Fittes, chief officer of the Cyclops, gave corroborative evidence.
Other witnesses were called, and the case was adjourned
Private Bramble, the Buffs, deposed to bay-
Kowloon on October 9th. As the boat was leaving the wharf the man who punched his ticket asked to see it. Witness produced it and the wind blew it overboard. The man then wanted to make him pay again, but he refused.
The defendant was not the man.
This closed the case for the prosecution.
Mr. Goldring then called the defendant, who deposed to seeing Corporal Whisk on October 15th. Witness was standing facing the Praya, when the Corporal approached the ticket office. He could not say whether the Corporal bought a ticket or changed his money, but when Whisk ticket doubled up approached him with a witness punched it and the Corporal walked into the enclosure. The ticket never left the soldier's hauda. About two or three minutes
later the Corporal approached him and asked what time the ferry would leave Witness told. him it required another four minutes to the quarter-to-two launch. Another soldier then entered the enclosure, and just before the
of departure the ferry the Corporal ap- proached witness and asked where his ticket was. Witness told him he had it. The Corporal produced an old one and ask-d if that was the one. Witness said it was an old one, and was the one he the Corporal told him that (defendant) had given him. Witness told the Corporal to go to the ticket office, and compare his ticket with the ruuning numbers. While the Corporal was talking to the ticket seller witness blew the whistle for the launch to leave, and the two soldiers rushed on to the ferry. was relieved shortly afterwards and crossed to Kowloon to report the matter.
Witness
Cross-examined by Mr. Shenton, defenlant said he suggested that what Corporal Whisk said was untrue. The Corporal probably gave evidence against him because he (defendant) had found it necessary to check his companions. What right have you to check them P-For the public benefit.
Have you ever been convicted of being in unlawful possession of goods?—Yes, after the typhoon of 1906.
After hearing further evidence his Worship discharged the defendant.
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