Post by nzbc on May 29, 2016 8:46:15 GMT 12
WAIKAIA SHOOTING CASE.
ACCUSED COMMUTED FOIi 'JJUAL. AI WaiUain on Tuesday, lict'orc. Messrs C. Robertson and H. T. Stewart, d.r's., Yin Choy was charged with that, on the. sth 'day of May, at Wuifcaia. with intent lo do grievous bodily harm to one Chin 800, he did wound the said Chin 800. Inspector Mitchell prosecuted Mr Inder appeared for the accused, and Lye Kee Hint; acted as interpreter. Inspector Mitchell said the information was laid under section 177 of the Code. Accused was owed a sum nf money (.C25) by 800, and Choy made several demands on 800 for payment and threatened to shoot him if he did not pay. On the morning of the slh Muy accused repealed to an independent witness that ho would shoot, 800, and Inter on he. carried out his threat whilst at Mr MolliU's house he told what he had done and said he would kill him yet. The. doctor would describe the wound. Constable Her- Jihy would tell of Hie struggle, when arresting accused, and how the licensed rushed him with a long-handled shovel. Constable (Jain would tell how Choy voluntarily made a statement of how and why he shot 800. Looking at sections J77 and KiS of the Criminal Code, the punishment for Ihe offence was imprisonment for life. The offence charged might have boon for attempt to murder, and the Crown Prosecutor might yet prefer such a charge. The intention and mental condition of the accused hull nothing lo do with this Court. He reail from par. 705 of Hasclden's ,|.l». Act. There would be the evidence of persons who saw the oli'enee committed and of admissions lo other persons and to the police. All Chinese witnesses were ordered out of Court.
Roderick McJ.onnnu deposed that Ins knew tin.' accused. Jl was about three years since lie first saw him. Accused worked for witness in tlu; garden for two or tliree mouths uhout six months ago. lie did not speak lo witness about a Chinaman owing hiin any money. tile did not know any Chinaman by the mime of Yin Choy. and did not remember accused ever mentioning Chin lioo by name to him. The accused told him he had a grudge or spite against a Chinaman, or two. three or four who had nearly killed him, a fad of which lie was aware. Accused showed him his leg-, which was badly wounded. 11 is hut was on a section belonging to witness. He was diil of the hospital and walking with a stick when witness first saw him. The wound was healed, but witness could tell from the appearance, of it that it. had been a severe one. Then" was a scratch on the bono below tin' knee. Accused told him ho had bum in the hospital and was recently discharged. Ue could not tell definitely what accused said he intended doing, lie said he had a prudgo against sonic Chinamen and he would have his revenge on them and would ire I even with them yet, but did not say how. lie told accused what would probably happen if he did wrong, and that he would be punished, ile used to speak to accused about China and Chinese matters. JI is memory was fairly good and he was not forgetting anything. lie remembered the general conversation. Accused said he would get even with them, lie called the. accused Charlie, Ile understood accused referred to thrashing or kicking the others, or something of thai sort. lie was not particularly interested in il. To MY Inder Accused had worked lliree seasons for witness in the garden. lie was a good, fellow and not (|iiarrelsomi —a decent, sober, steady and industrious fellow. If he had Ihoiighl there was going to be anylhinir serious he would have lold the police, lie knew accused had got a terrible doing ami had got .CiT damages, lie remembered from tin' papers it was a brutal assault on accused by the other Chinamen, willi whom he meant lo get even.http://paperspast.natlib.govt.nz/cgi-bin/paperspast?a=d&cl=search&d=ME19060524.2.29&srpos=2&e=-------100--1----0chin+choy--
ACCUSED COMMUTED FOIi 'JJUAL. AI WaiUain on Tuesday, lict'orc. Messrs C. Robertson and H. T. Stewart, d.r's., Yin Choy was charged with that, on the. sth 'day of May, at Wuifcaia. with intent lo do grievous bodily harm to one Chin 800, he did wound the said Chin 800. Inspector Mitchell prosecuted Mr Inder appeared for the accused, and Lye Kee Hint; acted as interpreter. Inspector Mitchell said the information was laid under section 177 of the Code. Accused was owed a sum nf money (.C25) by 800, and Choy made several demands on 800 for payment and threatened to shoot him if he did not pay. On the morning of the slh Muy accused repealed to an independent witness that ho would shoot, 800, and Inter on he. carried out his threat whilst at Mr MolliU's house he told what he had done and said he would kill him yet. The. doctor would describe the wound. Constable Her- Jihy would tell of Hie struggle, when arresting accused, and how the licensed rushed him with a long-handled shovel. Constable (Jain would tell how Choy voluntarily made a statement of how and why he shot 800. Looking at sections J77 and KiS of the Criminal Code, the punishment for Ihe offence was imprisonment for life. The offence charged might have boon for attempt to murder, and the Crown Prosecutor might yet prefer such a charge. The intention and mental condition of the accused hull nothing lo do with this Court. He reail from par. 705 of Hasclden's ,|.l». Act. There would be the evidence of persons who saw the oli'enee committed and of admissions lo other persons and to the police. All Chinese witnesses were ordered out of Court.
Roderick McJ.onnnu deposed that Ins knew tin.' accused. Jl was about three years since lie first saw him. Accused worked for witness in tlu; garden for two or tliree mouths uhout six months ago. lie did not speak lo witness about a Chinaman owing hiin any money. tile did not know any Chinaman by the mime of Yin Choy. and did not remember accused ever mentioning Chin lioo by name to him. The accused told him he had a grudge or spite against a Chinaman, or two. three or four who had nearly killed him, a fad of which lie was aware. Accused showed him his leg-, which was badly wounded. 11 is hut was on a section belonging to witness. He was diil of the hospital and walking with a stick when witness first saw him. The wound was healed, but witness could tell from the appearance, of it that it. had been a severe one. Then" was a scratch on the bono below tin' knee. Accused told him ho had bum in the hospital and was recently discharged. Ue could not tell definitely what accused said he intended doing, lie said he had a prudgo against sonic Chinamen and he would have his revenge on them and would ire I even with them yet, but did not say how. lie told accused what would probably happen if he did wrong, and that he would be punished, ile used to speak to accused about China and Chinese matters. JI is memory was fairly good and he was not forgetting anything. lie remembered the general conversation. Accused said he would get even with them, lie called the. accused Charlie, Ile understood accused referred to thrashing or kicking the others, or something of thai sort. lie was not particularly interested in il. To MY Inder Accused had worked lliree seasons for witness in the garden. lie was a good, fellow and not (|iiarrelsomi —a decent, sober, steady and industrious fellow. If he had Ihoiighl there was going to be anylhinir serious he would have lold the police, lie knew accused had got a terrible doing ami had got .CiT damages, lie remembered from tin' papers it was a brutal assault on accused by the other Chinamen, willi whom he meant lo get even.http://paperspast.natlib.govt.nz/cgi-bin/paperspast?a=d&cl=search&d=ME19060524.2.29&srpos=2&e=-------100--1----0chin+choy--