Chee Vu Zee was charged on remand with obtaining by fraud the sum of $1,100 from a female complainant on the 27th August lest.
Mr. 0, R, Holcomb appeared for the prosecution and Mr, W. N, Symonds for the defence.
'A witness employed by a native bank said that tye bank order for $1,100 was paid th his bank to the defendant.
A native clerk in the employ of Mr.
A. Engelbrecht said he knew the defendant; he went to see him about the payment of certain money to the complainant. Witness went to see the defendant four or five times upon the matter, and the defendant said the money would be paid at the end of the 9th moon. On the 22nd day of the 10th moon, witness was told that the defendant had already made arrangements with the complainant.
By Mr. Symonds—The claim of the complainant aguinst the defendant was then for money owing. The word "fraud" was not mentioned in witness's office.
Detective-Inspector McDowell said) that in the first place the Municipal Council received & petition from the complainant and this was forwarded to Capt. Boisragon, who in turn put it in the hands of the detective department.
Complainant was sent for and questioned, and a charge was then prepared against the defendant. The petition to the Manicipsl Council bore the complainant's signature.
Mr. Symonds said that before calling his witnesses for the defence, he would make a few remarks. Defendant's arrest was effected without a warrant and the proceedings were somewhat irregular, and considering that defendant was a man of high standing, such procedure was quite unnecessary. The prosecution had to prove that defendant had received the money, and secondly that the money was fraudulently received. Counsel could show that the money was paid and what was done with it; t gave security for the money and the remedy to recover the money was within complainant's reach in the same way as it was to every other Chinese. The case was purely Chinese, but complainant thought by putting it in the hands of the police she stood a better chance; that if it was tried before the Assessior she could make use of him to recover the money. The only way for her was to make it police case and have it tried before the Assessor. Complainant stated that the money was asked for, for the purpose of bribing the Magistrate. The ant denied that, and the of complainant was without corrobor tion on that point. According to complainant, the money was handed to defendant at her house. If not a prostitute, the complainant was a singing girl and Counsel asked wheth evidenos yuld be accepted. With regard to the question of bribing the Magistrate, Counsel submitted that it wns a case which the Court should not go into; for firstly the Magistrate was not a party to these proceedings and he could not rebut anything thut might be said against him. Asuggestion of this sort should not be made of a man behind his back. Besides, the question was only a side issue to-prejudice the case against defendant. The object for which defendant was said to want the money was immaterial. Counsel submitted that the Court refuse to allow accusation of this sort to be made behind the Magistrate's back. With regard tothe charge of fraud, the security deposited with the complainant wxs worth more than the money. If she was not satisfied with the security she could easily have it valued. Considering the relationship between defendant and complainant, the security was one which could be relied upon.
When complainant first made a oom-plaint against defendant she made no eof the word fraud. Taking all the evidence together it was quite clear that the money was simply borrowed. Counsel submitted that it was a purely Chinese case, which this Court had no jurisdiction to go into. Counsel thought that the case ought to be dismissed.
The defendant said he was an official in the Central Government, of the 5th Rank, He was a salt dealer in Chekiang province and did extensive business, He also had tea business. He first met complainant in a singing house. She invited him to see her, through her maidservant. When he visited her, she asked him for assistance. This was in the beginning of the 5th moon. She next offered to marry him, saying that if he did not accept her, she would not be able to pass the moon festival. She said that she would be able to live moderately, and would only require $10 2 month, She was in debt and wanted defendant pay off her debts, Complainant came round to defendant's place every day and seen there by servants and others, On the 20th of the 7th moon she brought him a native order, She srid that it was from a merchant in Hongkew. She had ied to cush the order at the bank and the bank had refused, as they wanted a guarantor. Defendant then cashed it for her, at her request, and brid her the monoy—about $1,000 in silver—which she took away at different times of the day, s0 a8 not to be suspected of having money about her by her servants. Rel tive to the bribing of the Magistr assuming that the statement was true, defendant would not have told complainant of it. On the evening of the Ist day of the 8th moon complainant came to place and talked to him as usual. On the morning of the following day " man from Mr. Engelbrecht came to collect the money Complainant had taken away a watch from "defendant and other articles. When in Peking he lent the son of a Minister the sum of Tls. 12,000 and the watch was given him in liew of the money. Other things, including " diamond ring, were forcibly taken away from defendant, Defendant did not owe complainant any money.
By Mr. Holeomb—Dofeudant had a lawsuit now proceeding for the recovery of is. 6,800. He was a Peking mandarin. He held no official appointment at present, as he lad resigned. He had been the Emperor's cook. He had lent complainant $1,600, and she had stated that she was willing to marry him, Later changed her mind, When she would marry him, she promise take her signboard down. She did not keep her, sromise, and he had lost. confidence in her. Witness was a woulthy man and was staying in Shanghai on account of a lawsuit, He had called on the Magistrate, but Seyond that he did not know him.
Another witness for the defence gave evidence to the effect that he saw the money being paid to complainant by defendant.
The Assessor said that the case would be finished to-day and it would not be possible therefore to hear any more witnesses Mr. Symonds said that he did not wish to aidees the Court further.
Mr. Holcomb referred to defendant aman who should be stripped of official robes and classed as a coolie Complainant had been prostitute, and defendant, an official, stooped so low as to associate with her. The Emperor's cook and the associate of
Text read from the printed page and cleaned; old type leaves the occasional error.