1904-10 Rex vs. Wong On and Wong Gow – murder (at the Chinese theatre)
As part of the Chinese Historical Wrongs Legacy Initiative, the BC Archives has digitized a selection of documents related to criminal prosecutions against the Chinese community from 1866 to 1914, found in GR-0419. These are mainly records created as part of the preliminary hearing held before a judge in order to determine whether there was sufficient evidence to proceed to trial. There are often lengthy witness statements, and cross examinations by both prosecution and defense lawyers. The eventual verdict is sometimes recorded on the outside of the docket. They offer a fascinating glimpse into 19th and early 20th century criminal activity around the province, and ways in which the Chinese community was stereotyped. The records offered for transcription here are a small selection; for additional digitized material from GR-0419 click here.
*Please note that archival source materials are original historical documents that have not been censored, reviewed or otherwise altered by the Royal BC Museum. Some materials may contain content that is racist, sexist or otherwise offensive. In addition, GR-0419 records deal with subjects such as assault, murder and abuse, which may upset some readers. The Royal BC Museum is only the custodian of archival materials; the content does not necessarily reflect the views or policies of the Royal BC Museum.
*All transcriptions are provided by volunteers, and the accuracy of the transcriptions is not guaranteed. Please be sure to verify the information by viewing the image record, or visiting the BC Archives in person.
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COURT Do you object on the ground that he is incapable or incompetent to take an oath ? MR TAYLOR: I object on the ground I have already taken. Yea, he is certainly incompetent to take an oath. He has been asked a question by Wing, and he has not yet given an answer to it. COURT: Then under the "Canada Evidence Act"he is entitled to affirm. the Canada Evidence Act says that if any objection is taken to a witness as being incompetent to take an oath the said person may make an affirmation. If you say you do object to him being incompetent then he may be allowed to make an affirmation. MR TAYLOR: If your Honor so rules that this method be adopted, I object to that too. MR MORESBY: (To Court) What section is that? COURT: Section 23 of the Canada Evidence Act. MR TAYLOR: I understand then if your Honor rules that way he can affirm. COURT: I simply rule this; he is entitle to affirm as he is objected to as being incompetent. MR TAYLOR: My objection was that he does not understand the nature or quality of any of those oaths, and when a witness makes a statement that all those forms are the same, that in itself shows that the witness is not competent. COURT: That is simply driving home your objection, that he is incompetent to take an oath. MR POWELL: Then your Honor rules now that he is entitled to affirm. MR TAYLOR: Let us understand this. My objection that I have already taken is this, when this witness said all those forms were alike to him , I said then he was a person whose testimony should not be received BC Archives GR-0419 BRITISH COLUMBIA. ATTORNEY GENERAL. Box 100 File 1904/10 Attorney General documents.