CONVICTION AFFIRMED.

Argument in the oase of Regina v. Fong Cbong and Clara Fong Chong was oommenced in the Court of Appeal this morning, before tho Chief Justice, Mr. Justice Richmond, Mr. Justice Williams, and Mr. Justice Ward. This is a Crown case reserved. At the last criminal Bitting of the Supreme Court Fong Chong and his wife were sentenced to two years' imprisonment by the Chief Justice, but his Honour withheld sentence so that the Court of Appeal mi^ht oonßider the following points i (1) Whether there was evidence to go to the jury of the charge of which the prisoners were convicted j (2) whether the Chief Justice ought to have given the direction to the jury he was requested by the prkoner's counaql to give j (3) whether, by reason of the omission of the interpretation, the male prisoner ought to have been convicted; (4) whether the conviction, or either 'of them, ought to be reversed or affirmed. Mr. Bell appears for the Crown, and Messrs. Jelliooe and Skerrett for the male and female prisoners respectively. Evening Post, Volume XXXV, Issue 133, 7 June 1888, Page 3 CONVICTION AFFIRMED. In the Appeal Court the argument has concluded in tho case of Regina v. Fong Chong and Clara Fong Choug. At the last criminal sessions prisoners were charged with child-murder. They were acquitted on the more serious offense and sentenced to two years' hard labor for concealment of birth, Certain points were reserved, ooe being the misdirection of the Chief Justice to jury, and second, whether by reason of omission of interpretation of evidence tho male prisoner ought to have been convicted. The Court affirmed the conviction and sentence be will carried out. Thames Advertiser, Volume XX, Issue 6100, 9 June 1888, Page 2

THE ALLEGED CHILD-MURDER CASE

THE ALLEGED CHILD-MURDER CASE. Fong Chong and Clara Fong Chong, his wife, were jointly charged with haying murdered the latter's female infant child on the 9th of January last. Mr. Gully prosecuted on behalf of the Crown. Mr. Jellicoe appeared for the male prisoner, and Mr. Skerreit for his wifo. The defending counsel largely exercised their privilege of challenging jurors. Mr. J. K. Hamilton was chosen foreman of the jury. Hugh King, a Celestial, was present to interpret the evidence to his accused compatriot. It will be remembered that on the 15th January last the body of a female child, apparently 10 or 11 days old, was found by Mr. C. B. Taylor, of Newtown, on the beach at the head of Evans Bay, enclosed in an old petticoat and a piece of a linen shirt. There were marks, soemintfly of violence, on the rank, as though caused by the impression of a finger and thumb. It was subsequently ascertained that Mrs. Fong Chong had given birth to a child a few days previously, and from other circumstances which came to the knowledge of the police, Fong Chong and his wife were taken into custody. Charles Brook Taylor and Constable Stewart proved the discovery of tho body and its removal to the Morgue. Acting-Deteotive Walker proved the woman's denial that she had had child, and her acquiescence in his suggestion that she should be examined by a doctor also, the discovery of blood-stained linen at her house. Constable Gleeson gave formal evidence. Dr. Collins described the condition in which he found the female prisoner when aho was brought to him for examination, as being such as would be most naturally caused by having recently given birth to a child. None of the symptoms were inconsistent with that supposition, and in his opinion she had given birth to a child about three weeks previously. As the result of his examination of the body of the child found at Evans' Bay, ho concluded that death had been caused by suffocation, and had taken place within about 24 hours of his examination. The child was at least five days' old, and perhaps a little older. Cross-examined by Mr. Jelliooe— He could ¦not say absolutely that the marks on the throat ware ante m:rtem. It was just possible that such marks might have been made by seizing hold of the neck of a dead child to push it into bag. A child might have Jived after fiuoh marks had been inflicted, provided that the pressure was not sufficient to cause suffocation. It might have been suffocated by overlying, or other possible causes. To Mr. Gully— His opinion was that the real cause of suffocation in this case was external pressure. To his Honour -The passage of a large tumour might have caused tho internal symptoms which he found about the woman. Tw<» married women were next examined who all noticed that the female prisoner was pregnant, and to one of whom she afterwards stated that she had given birth to a child, but that it was dead. John Henley, who lived next door to the female accused at Newtown, swore that he heard an infant crying in her house on the B8th of January. Oreste Terreing storekeeper, of Newtown, Lusia Bianohini, and Bertha Yung Tin, also gave evidence. Chief Detective Browne proved the finding of a piece of sown calico (produced) and certain blood-stained calico in the female prisoner's house. (Left sitting.) Evening Post, Volume XXXV, Issue 86, 13 April 1888, Page 3 Supreme Court. CRIMINAL SITTINGS. Yesterday. (Before His Honour Mr. Jutice Riohmond.) THE ALLEDGED CHILD-MURDER CASE. The ease in which Fong Chong and Clara Fong Chong (his wife, European) were charged with the murder of their infant ohild was proceeding when we went to press yesterday afternoon. Dr. Collins, re-called, said that though the age of the ohild was not less than four or five days it might bo at mnoh as 15 days. To the jury in witness' opinion the infant was a European Child as distinguished from a half -caste Chinese Emma Maher, matron of the Terraoe Gaol, produced some pillowcases sewn by the female prisoner while in custody. To Air. Jclliooe— She had giren the work to the aroused by instruction of the Governor of the Gaol. Luoia Canlton, dressmaker, who had compared the tewing of the garments in which the infant found on the beach was wrapped with the tewing done by the female prisoner in gaol, pointed out features of similarity. Som» of the. work done in gaol was better than the other, but it was all bad work and now Mid then the worker fell back into the same old style. This oonolndod the oase for. the Crown. Mr. Jelliooo submitted to His Hoaor that there was no evidence to go to the jury, inasmuch as it had not been proved that the ohild found dead was that of the prisoner*. His Honour said he had considered the matter, and, without expressing any 1 direct opinion, he thought the oase was one to go to the jury. If, however, Mr. JeUiooe wishod it, he would reserve the point. Mr. JeUiooe asked whether there was any evidenoe of intention to kill. Hit) Honour said it was satisfactorily proved that the female prisoner had a ohild about the Bth January, and that the prisoners, without any reason for doing to, denied the fast* Besides, there was sufficient evidenoe of correspondence in age with the child found at Evans Bay. Mr. JeUiooe asked his Honour to distinguish to .the jury between killing with intent and doing it accidentally. His Honour said that if the jury found that death hod been caused by suffocation respiting from ontsido pressure, it would be for the defence to provo accident. At Mr. JeUiooo's request, his Honour agreed to reserve the question as to whether there was any evidenoe to go to the jury of either intent to murder or ooncealmont of birth. Mr. GuUy Bummed up the ease for the Crown. Mr. Jellicoe addressing the injury on behalf of Fong Chong, pointed out tbat it had not been proved that tho dead child was that of the prisoners. The evidence of neighbours showed that the prisoners child must have been born about the 7th January, whereas he gathered from the doctor's Guidance that the child found on the beach died about the 10th. Assuming, for the moment', that the marks on the neck were made by tho prisoner, he suggested, at a reasonable theory, that they might have bean caused at birth, in the absence' of a skilled attendant. Mr. Jellicoe asked the jury not to tend two creatures to their execution on tho mere inference of Dr. Collins that the child hod not died a natural death. He commented warmly upon the "unworthy trap" which had been laid by the prosecution to catch the female prisoner, which he designated as nothing less than an outrage Chinaman bad little respect for dead bodies, and in their own country they were not accustomed to use public cemeteries for burial purposes, to that there was nothing surprising in the supposition tbat the pruoner should dispose of the body of his child by either burying it himself or putting it into the sea, in order to tare undertaker's expenses, with* out any desire to conceal the birtp from the world. In that case, at he 'would have little regard for the body, the marks on the neck might have been caused by him in shoving it into the bag. In conclusion, he atked the jury to accept nothing but sworn testimony, and to reject all inference and conjecture. At they hoped to stand before- the judgment seat of the Almighty, he asked them not to be prejudiced by the nationality of the male prisoner, and not to let the innocent suffer. Mr. Skerrott, in hit defence of the female prisoner, laid strew upon the absence of motive on tho part of the aconsed for the murder of their ohild, and the extreme probability that, if they had determined to do so, they would have carried out the design immediately upon its birth. He argued at length that supposing the child found to have been theirs, it would have been physically impossible for the woman while suffering from the effects of labour to have participated in the act of carrying it over tho hiU to Xilbirnie. Mr. Skerrett censured tho prosecution, not only for tho "trap" kid or his client, but also for having subjected her to medical examination. His Honour, in directing the jury, said that they must first find whether the ohild in question was the one of which the female prisoner had been delivered; secondly, whether it was intentionally killed by tho prisoners, and then whether it wot killed by either of them apart from the other. He did not understand it to be seriously contested that the female prisoner had given birth to a child. The jury mast be satisfied that the body found by Taylor on the 15th January was the one of which the was delivered. If they found that such was the case, they must decide whether its life had been taken willfully. The way in which the body was found must bo remembered, and in deciding whether the woman wat a party to its death her denial that she bad given birth to a child must be considered, and also the question whether she, being so recently married, could have bad any desire to suppress the fact of the birth. At to the count for concealment of birth, the jury must be satisfied that the prisoners, or either of them, had secretly disposed of the body for the definite purpose of concealing the birth. It.was evident that it was well-known to the female prisoner's neighbours that she was about to bear a child, and tostome of them that it had actually been born. The jury retired at 7.27, and returned precisely at 8 27 with a verdict of Guilty of concealment of birth and secret disposal of Mr. Jellico asked his Honour to respite sentence until the questions reserved had been decided by the Court of Appeal, and also, as tho offense of which the prisoners Had been convicted was only a misdemeanor, to admit them, or one of them, to tail in the. meantime. His Honour thought the proper course, would be to pass sentence, and afterwards, stay its execution if necessary. Mr. Jellico said that a matter had been communicated to him which would justify him in moving to quash the conviction, viz., the jfettaeriQeaoe W not been interpreted Evening Post, Volume XXXV, Issue 87, 14 April 1888, Page 2 Very strong disapproval of the practice of endeavouring to obtain statements from prisoners, which is resorted to by the police on some occasions, was expressed by His Honor the Chief Justice during the hearing of the alleged child murder case in the Supreme Court, Wellington, a few days ago. During the course of his evidence Chief Detective Browne produced a piece of sewn linen which he had taken from the house whera Clara Fong Chong, tho female prisoner, had been living. It was shown that the sewing was extremely bad, and expert evidence was tendored by the prosecution to prove that some work which the accused had done while awaiting trial in the Terrace gaol bore a great similarity to the sewing on tho linen produced by Chief Detective Browne. The matron of the gaol was subjected to a very severe cross-examination by Mr. Jellicoe, who wished to know from her whether it; was usual to give prisoners awaiting trial work to do. She replied that she had told the accused to do the work under the direction of the governor of tho gaol. His Honor subsequently expressed the opinion that the work was given to the prisoner for the purpose of obtaining evidence, and he considered such a proceeding highly improper. There could be no doubt, His Honor proceeded, that it had been done so that it could be used against the prisoner for the purpose, in fact, of making evidence against herself. His Honor was not aware that the English Court had yet come to that. He went on to say that in some parts of New Zealand he had seen most startling attempts on the part of the police to extract statements from prisoners. He had not observed much of it here, although he believed that it was practised to a certain extent in this district. New Zealand Herald, Volume XXV, Issue 9036, 20 April 1888, Page 5

The Evans Bay Infanticide Case.

The Evans Bay Infanticide Case. ANOTHER ARREST ON SUSPICION The ingenuity of two of the city detectives was severely taxed yesterday afternoon in making the arrest of Fong Chong, the Celestial, who is the acknowledged husband of the woman Clara Fong Chong, the snspeoted mother of the infant who was found dead oa the beach in Evans Bay some days ago. Detectives Campbell and Walker having been entrusted with the execution of the warrant for Chong's arrest, repaired yesterday afternoon to the Hutt district, where he was understood to be employed. Their preliminary information was to the effect that the object of their search was to be found at Sun Kwong Lee's market garden, where they accordingly made their first enquiries. The proprietor, who talks good English, seems to have been prepared for his visitors, or at any rate to have known that their euquines bodod no good to his compatriot, so he directed them to the plantations of another gardener, Kwong Ti, who lived some mile and a half distant. Thither the detectives accordingly betook themselves, not only to find that they had beep sent on a wild goose chase, for on arrival they were rather dismayed at learning that Fong Chong was really a member of Sun Kwong Lee's gang. Returning to Lee's bouse, they renewed their enquiries from that worthy, detailing to him the information which they had just gathered, but only received the evasive answer that though Fong Chong had certainly been employed there, he had gone more than a week ago. The necessity for a little diplomacy then became evident. The detectives accordingly secured the assistance of a female relativo of Mrs. Fong Chong, who seems to have been quite willing to help them in carrying out their purpose. This lady was sent to the Chinaman s hut on the pretence of purchasing vegetable es, andalso to convey to Fong Cbong a message invented by the officers to the effect that his wife was seriously ill. Meanwhile the crafty pair concealed themselves behind a friendly hedge to await further developments. As soon as tho message had been delivered, the sympathetic Chinamen called out Fong Chong from the party with which he was working and delivered the news to him. By this means the man's identify was easily established, and no time was lost in taking him into custody and bringing him into town. On seeing that the game was up the prisoner yielded at discretion, while Sun Kwong Lee retreated precipitately into his quarters, and took care not to reappear until the officers to whom he had caused so much inconvenience had taken their departure. Fong Chong was brought before Mr. Wardell in the Magistrate's Court this morning, and charged with the murder of the child on or about the 9th instant. Inspector Browne said that the woman already in custody acknowledged the prisoner to be her husband, and he also admitted her to be his wife. She had stated that she had not seen her husband for a fortnight, but it would be shown that he had been in her company within that time, and that on Wednesday last he paid the rent for her house, and further, that he was seen at her residence about the time when the child was heard crying. Under these circumstances he would ask for a remand until Wednesday next, to allow time for getting up the evidence. An interpreter having been sworn, explained the application to the prisoner, who offered no objection, and the remand until Wednesday wan accordingly granted. Another Chinaman who was present in Court asked that bail should be allowed, but his Worship declined the request owing to the seriousness of the offence. The application for bail was renewed at a later hour by Mr. Skerrett, who had in the meantime been instructed to defend the prisoners. His Worship, however, decided not to deal with the application until Wednesday next. Inspector Browne and Detective Walker to-day searched the house at Newtown in which the female prisoner lately resided, and seized a quantity of blood-stained linen and other clothing. The garments will be handed over to a medical man for examination. Evening Post, Volume XXXV, Issue 21, 27 January 1888, Page 2 The Evans' Bay Infanticide Case. The Magistrate's Court was crowded this morning when the charge against the Chinaman Wa Chong and hia wife, Clara Fong Ohong, of having, on or about the 9th of January, wilfully and maliciously killed a certain infant female child, waß called on. Mr. H. S. Wardell, R.M., was on the benoh. Mr. Skerrett appeared for the female accused, Mr. Jolliooe having been retained to defend tho huaband. Inspector Browne oondaoted the proseoution. Dr. Collins deposod to making a pout mortem examination of the body at the Morgue, and gave evidence similar to that taken at the inquest as to the rosnlt of his c lamination. Mr Skerrett objected to this witnecs U'vin? evidence as to the results of his exu nination, on the ground that a comniunjcat on made by a patient to a medical adviser was privileged. Argnment ensned as to whether the female acoused could in any iiise, a* ehe had consented to the examination, bo regarded as a patient. His Worship agreed to pormit the evidence to bo token, but said he would take a txo L .o of the objection. Mr. Jollicoe submitted that Inspector Browne should lay somo foundation for the dootor's evidence before it was accepted by tho Court. This course was agreed to, and Dr. Collins' further examination was deferred. Charles Brown Taylor, accountant, was called, and deposed to discovering the body of an infant ohild in a sugar bag on the boaoh at Evans Bay on Sunday, the 15th of January. He identified the olothes produoed as those in which tho body was wrapped. By Mr. Jelliooe— There were no rocks within three-quarters of a mile of the spot where the body was discovered. It was lying on the soft sand. In his opinion the body had only been in the water for a few hours. Constable Stewart deposed to receiving information of the discovery from the last witness, and also to bringing tho body to the Morgue. In answer to Mr. Jelliooe, the witness said the tide was coming in when he first saw the body on the beach. The marks on tiio body of the infant had the appearanco of Jhaving been caused by the presaure of a finger. Tbe*« was a mark on eithor side of the neck, tone ®f them being about the size of half-a-.crown,*nd the skin had been torn for about half an inch. He did not think the injury lad been owised by tho body being washed against a rook, because there were no marks .on any other part of the body. It was the imoat unlikely place to find them, on tho neck. Acting-Deteotive Walker was oalled, and .deposed to arresting the female acoused at &er own house in Donald MoLean-street, Uewtowu. The accused admitted that her husband was a Chinaman. Witness asked, whether she had not given birth to a child about three weeks previous, and this accused denied. Mr. Holmes, who was in the house at the time also said that she was sure the accused had not had a ohild recently. Witness said he was not satisfied with the reply, and would have the aooused examined by a medical man. Mrs. Holmes concurred in this, and said she would go with them. They accordingly Went to Dr. Collins' surgery, when an examination was made by Drs. Collins and Fell. From what the doctor told witness, he said to the aooused, "You are now oharged with the wilful murder of your infant child." Acoused replied, I know nothing about it. I -never had a ohild." Witness ako deposed -to arresting the male acoused at the Hutt on the 26th January, and when charged with the offence he also gave a denial. The (house of the aooused was visited by witness and Inspeotor Browne on the :27th January, and a quantity of soiled linen was discovered, and taken charge of 'by the police. The linen was examined by JDr. Collins on the 28th. By Mr. Jellicoe— The windows of the house of the acoused in Nowtown were not ecurely fastened. Tho soiled linen was found in a pillow oase in the scullery. By Mr. Skerrett— First saw the female acouied on the 25th of January, ten days after the discovery of the body of the ohild. Witness told the woman when he first questioned her who and what he was. He did •not compel her to submit to a medical examination. He had heard that the Chinaman and aooused had only been married three months, and therefore had made enquiries and discovered that suoh was the /OAse, the aconaed having been married on •the 19th of Ootober, 1887. Witness was of opinion that the female accused submitted to medical examination on the advice of .Mrs. Holmes, Dr. Collins, reoalled, deposed that in his opinion the child died from suffocation before being. put into the water. The unarka on the body might have been caused iby oontaot with rocks, but it was extremely mnlikely. The dpotor also stated from his (examination of the female acoused, he -was of opinion that she had given lirth to a ohild within three weeks or a month. He also made an examination of the soiled linen found in the aooused's house by the detective. It had the appearance of having been used at the time of confinement. To Mr. Jelliooe— Would not swear that the artioles had been used at tho time of confinement, but he drew that inference. Regarding tho body of the ohild, witness wiw of opinion that it had not been in the -water for more than 24 hours. Could not ♦bsolutely swear whether the child was alive when it wasputintothe water, neither oould ie swear thkt it had not died from natural .causes. There were other internal affections which would exhibit similar symptoms to those whioh followed confinement. At this stage the oase was adjourned until :3 o'olook. Evening Post, Volume XXXV, Issue 31, 8 February 1888, Page 3

If your elders belonged to Tung Jung Association - Vote

SPECIAL GENERAL MEETING (SGM) A Special General Meeting is being called on Sunday 4 May 2014 at 33 Torrens Terrace, Mt. Cook, begin- ning at 2 pm. Business to be discussed is whether the Tung Jung Association should sell the present premises and buy a smaller building or retain the present one. If you are concerned about the future of the Associa- tion, please attend this SGM to voice your concerns. If you cannot attend but would like to voice your concerns, please use a proxy or write to the Secre- tary, Tung Jung Association, P.O. Box 9058, Welling- ton, before 1st May 2014

Diverse Bananas, Global Dragons"

Diverse Bananas, Global Dragons" International Conference at Auckland University Business School on 30 May-1 June 2014 By popular demand after a five year hiatus, our iconic and unique conference returns to challenge perceptions of what it means to be Chinese and celebrate the journeys, stories and identities of leading local and overseas born Chinese personalities. This conference is the fifth in the Going Bananas cycle. We offer everyone a fresh way to explore and understand the impact Chinese communities make in N ew Zealand and on the global stage. A flyer is attached for your information. Please register asap for the conference to take advantage of the early bird discount by completing page 12 of this link http://www.goingbananas.org.nz/PDF/2014_BananaConference.pdf or registering online. If you have any queries or need additional information, please contact David Wong on david_d_wong@bnz.co.nz or the undersigned. Thanks & Best Regards Kai Luey Co-Chairman Conference Organising Committee Phone 522 1840 Mobile 021 333 125 http://www.goingbananas.org.nz/PDF/2014_BananaConference.pdf