1914/195 Rex vs. Lem How – attempted murder
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*Please note that archival source materials are original historical documents that have not been censored, reviewed or otherwise altered by the Royal BC Museum.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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31
LUM JOHNSON
Called as a witness being first sworn testified as follows:
COURT: Is that oath binding on you to tell the truth?
A. Yes
MR. RUSSELL. I wish to ascertain from my learned friend, before he proceeds with this witness, whether or not it is along these lines of the evidence given by the last two witnesses.
MR. COWAN: I have never interviewed the witness, but I understand he was present with Mr. Grant when that conversation between Mr. Grant and Cum Wing took place.
MR. RUSSELL: I wish to interpose the objection that the foundation has not been laid for any such evidence. I idea of this evidence is to impugn or attack the evidence of Cum Wing. In order to do that, the time the place and the circumstances in which certain things are alleged to have taken place must be drawn to his attention. He was simply asked, Cum Wing was simply asked, did you tell Mr. Grant so and so. He was not asked where, when or how.
MR. COWAN: I can show you what he was asked. I am proving this conversation did take place.
MR. RUSSELL: I am taking objection that Cum Wing was not asked, did you in the presence of Mr. Grant and this witness make certain statements. This man’s name was never mentioned. Until Counsel has laid that foundation, he cannot ask any questions.
COURT: I think that is admissible.
QUESTIONS BY MR. COWAN:
298 Q Where do you live? A. 556 ½ Shanghai Street.
9 Q What is your occupation what do you do? A. Cook.
300 Q Were you with Mr. Grant on Tuesday the 14th July in Shanghai Alley? A. Near Man Yick’s store.
1 Q Were you with Mr. Grant on the 14th of July? A. Yes.
2 Q Where? A. Shanghai Street.
BC Archives GR-0419 Box 193 File 1914/195 / BRITISH COLUMBIA. ATTORNEY GENERAL. / Attorney General documents.