December 20, 1909.1
CHARGE AGAINST EXCISE OFFICERS.
INTERESTING EVIDENCE.
The hearing of the charge against four excise officers of assaulting four tallymen on board the 8.8. Cyclops in August last was continued at the Magistracy on the 10th inst. before Mr. Hial- lifax. Mr. H. J. Gedge, of Messrs. Johnson, Stokes and Master, appeared for the complain- ants, and Mr. Shenton, from the office of Messrs. Deacon, Looker and Deacon, appeared for the defence.
Mr. Gedge asked leave to recall Mr. Wode- house in order that he might produce to his Worship the police regulations with regard to identifications.
His Worship-The object being?
Mr. Gedge-The object is pretty obvious. The identifications have been found fault with, and are said to be of no use. I shall have certain comments to make regarding the conduct of the police in this matter, and as regards these identifications I shall sub- mit to your Worship that the prosecution have been wholly misled by the police in this matter. I have some very strong remarks to make as to how an identification should be con- ducted.
His Worship-I don't see that that will make any difference to the identifications.
Mr. Gedge-Your Worship, the police have strict instructions and it is laid down in the police regulations, that certain formalities shall be observed in identifications, and I want to know why those formalities were not observed. I, am asking leave to recall a witness for the defence and your Worship has power, at your discretion, to recall any witness.
His Worship-I don't think it will affect the value of the identifications one way or the other if you recall the witness.
CHINA CVERLAND TRADE REPORT.
527
An exciseman gave evidence as to what as to what had happened. Witness saw happened on the Cyclops.
Mr. Gedge was cross-examining witness as to any communications he had made respecting the case, and asked if he had made any state- ment, in a solicitor's office, when
Mr. Shenton objected. "What took place between a solicitor and client was privileged.
Mr. Gedge-He is not your client. Mr. Shenton-That remains to be proved. Mr. Gedge-You are confusing your witness with your client.
Mr. Shenton-I am not.
Mr. Gedge-I am entitled to put any question I like in cross-examination.
Mr. Shenton-There is no authority for that. Mr. Gedge-It is done every day. Mr. Shonton made some reply which was inaudible.
Mr. Gedge-I have more experience in this Court than you have.
Mr. Shenton-Probably you have, but you don't apply it in accordance with the regulations. His Worship-Do you raise an objection, Mr Shenton P
Mr. Shonton-I ask my friend to conduct his case in accordance with the law.
His Worship made a remark which inaudible:
Was
Mr. Gedge-He is interrupting me. I sub. mit I have a right to test the credibility of the witness, but I cannot conduct my case if I am stopped every minute by frivolous objections.
Mr. Shenton-His Worship has ruled against you and-
Mr. Godge-His Worship has not ruled against me. When he does I am quite willing to submit.
His Worship I rule against you,
The incident ended, and Mr. Gedge resumed his cross-examination of the witness.
Have you got an entry of the visit in your book P-No; in my mind.
Not in your book ?-No; in my mind.
the men on to the sampan and then wetn aft and arrested one man for being in possession of opium. He put him on board the sampan also. At the bottom of the gangway he met the second officer standing on the lighter. The latter asked permission to go ashore with witness in the sampan Witness agreed. Nearing the shore the second officer told witness he had been sent by the captain to see what became of the four complainants. They were taken to the Central Police Station, where they were charged. The second and third defendants had to be assisted into the sampan by other excise efficers. The men arrested were held by the queue.
There was not much resistance. 1 How long did they wear their badges P-A]] the time to my knowledge.
His Worship-Up to the station ? Yes. As to the force used in arresting these men can you give an idea of it ?-Owing to the con. duct of the captain and the chief officer the four tallymen almost refused to leave the vessel.
Was any violence used-None at all. Any resistance on their part?-Scarcely any. Very little violence was necessary.
Cross-examined-Is this the first time you have been with this gang of ten men?—I can't say..
You don't know whether or not you have been with this gang ?-With some of them.
Do you know all the gang personally by sight? --No.
How many of the gang do you know by sight to as to identify afterwards P-About half of them.
Of course, you know them all now. You could identify them ?--Yes, since the occurrence,
Do you know their names ?—No.
At this stage Mr. Gedge stated that he in- tended to ask the witness a question on which his Worship had already ruled the speaker out. (to witness) Did you make a statement in writ- P. S. Wilson spoke to having on 23rd Augusting to the Captain Superintendent of Police accompanied a party of excisomen on board the concerning the affair on the Cyclops? Janus, on which one man was arrested for Mr. Shenton-To that I object. being in possession of opium, after which they Mr. Gedge-Now, you be quiet. His Worship-I am prepared to let you call proceeded in a sampan to the Cyclops. On Mr. Shenton-I am entitled to object, and him, but I don't see where it will be of any value.boarding the steamer he told the quartermaster The identification is good to my mind.
Mr. GedgeIt will affect my case materially, You will see when I have the honour to address your Worship where it will affect mo.
Mr. Gedge-I have some comments to make on the way in which it was conducted.
Mr. P. P. J. Wodehouse, Assistant Deputy Superintendent of Police, was recalled, and was questioned as to regulations governing the discipline of the police force, especially relating to identification,
Was the identification of these men in accordance with the regulations ?-No.
Why didn't you act in accordance with regulations?-It was not a police identification. The Captain Superintendent of Police told you off to conduct that identification? He told
me
to attend the identification. I did not consider I was in charge of it.
And that is your only excuse ?-That is my
reason.
|
I do.
Mr. Gedge (to witness)-Have you made a statement to the Captain Superintendent since August 28th ?
Mr. Shouton-Inside information on the part of the police is always ruled out as a matter of policy.
Mr. Gedge-I will ask your Worship to take down my friend's contention, as I shall haye an argument to submit on it. My friend says, and I take it he is talking for the police, that in- formation made by the police is privileged on account of policy.
His Worship-You are entitled to ask if he
has made a report.
Mr. Gedge-I am going to ask for the report. I want this taken down in your Worship's notes, with a view to proceedings which will perhaps be taken in the Supreme Court.
what he was there for, and asked him to conduct witness to the chief officer. They went to the latter's room, but he was not there, and witness went aft and called into the firemen's quarters. Whilst there he heard police whistles blowing and going up on deck he net an excise officer who told him fighting was going on in the fore part of the ship. Going forward he saw a large crowd at the tallymen's room. There he saw the third defendant leaning against the bunk spitting blood. He appeared to be in a bad condition. The four complainants were present. Witness asked the third defendant in English what the matter was, He pointed to his chest and indicated the marks of blows. He pointed to an iron bar on the ground. The second defendant was also leaning against the bunk and witness spoke to him in Chinese, asking what
.was wrong. He pointed to the fourth complainant as having assaulted him. Witness turned to the latter and said he would be arrested. The chief officer came along after they were arrested and asked what was the matter. Witness explained to him, and the latter said the policeman could not take those men away from the ship. He said the same to the tallymen. The chief officer Mr. Gedge-Your Worship refuses to put then walked away, and witness told the de-down what my friend contended P Mr. Gedge-Don't you now think on mature fendants to take the four complainants to the consideration that when the Captain Sup-gangway. There they met the captain and erintendent of Police ordered you to attend this identification, that as it affected men who were more or less policemen, it would have been better if you had conducted it in the ardinary manner in accordance with police regulations?
Witness-Yes,
The Captain Superintendent thought it ne cessary that a police officer should be in attendance ?—Yes.
Why did you appeal to me to know whether I wished other people mixed with the excise officers ?—I considered you were in charge of the identification.
His Worship-The identification was merely watched by the police ? -
Witness-Yes.
Mr. Gedge - Why didn't you do so? Witness--Because I was not in charge. Mr. Gedge-You thought the solicitor for the defence was in charge. That is the most novel excuse I have heard in this Court.
Questioned by his Worship, witness said he could not remember an identification which had not led to a prosecution. Witness was sure there was no reason given him by the Captain Superintendent of Police when he was ordered to attend the identification. His instructions were conveyed on a slip of paper.
other officers. The captain asked what was the matter and witness informed him. The captain said witness had no right to take those men away and he said the same to the tallymen. The captain also said witness had no authority to board his vessel. Witness drew his attention to his uniform and said he was a sergeant of police. He told the captain that according to the port regulations police and excise officers could board any vessel at any time. During the conversation a large crowd of coolies had gathered, and fearing further trouble witness asked the captain to stand aside in order that he might take the men down to the sampan.
Mr. Shenton-Did you push him aside? Witness-No. Continuing, he said that
His Worship I am not going to put down anything except that I rule your objection out. Mr. Gedge-If your Worship pleases, with submission, I am entitled to have it down in your notes, so that hereafter if necessary, in case of appeal it can be argued.
His Worship I have noted down that permission is refused.
His Worship-Yės,
Mr. Gedge quoted Archibold on cross- examination as to documents, and contended that he was entitled to cross-examine as to previous statements made by the witness in writing.
Mr. Shenton stated that the authority quoted referred to judicial proceedings.
His WorshipIt will be for you to appeal on this point, Mr. Gedge. refuse permission now.
Mr. Gedge contended that he was entitled to have discovery of this document just as much as he was entitled to have discovery of documents in a civil action.
Mr. Shenton pointed out that the document was a privileged document.
Mr. Gedge sumbitted that no evidence given by a sergeant of police could be privileged, while he was standing on the gangway a therefore the written statement he had made European arrived and questioned the captain was not privileged. It would make a big
No comments yet.
Private notes are available after approval.