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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*Please note that archival source materials are original historical documents that have not been censored, reviewed or otherwise altered by the Royal BC Museum.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. 

BC Archives G-0419

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at all:

MR POWELL:       Oh no. MR TAYLOR:       This is what  I  said. MR. POWELL:      No, I submit that you never said that; you said that he was incapable of taking on oath.

MR TAYLOR: No, he said that all these forms of oaths were equally binding on him— COURT: And you argued therefore that none of them were binding. MR TAYLOR : I challenged the Court's attention to the fact then that none of those forms were binding on the witness or any witness who has such a moral sense that he will make an answer of that character, it is sufficient to disqualify him giving testimony. Now I understand that your Honor rules under those circumstances that he can affirm. COURT: Yes under Section 23 of the Canada Evidence Act, as he has been objected to as being incompetent to take on oath. MR. TAYLOR: I don't think you can say I objected to him taking an oath. COURT: Or that he is incompetent to take an oath ? MR TAYLOR: You cannot put it that way. MR. POWELL: He wants it changed now that he sees the box he has put himself in. MR. TAYLOR: I wont my objection recorded exactly as I made it , in the exact language, and you can draw whatever inference you choose from it, but I don't want the legal inference they draw put in my mouth. If my learned friends seek to say that amounts to an objection and then propose to found something on the strength of that, I object to that. BC Archives GR-0419 BRITISH COLUMBIA. ATTORNEY GENERAL. Box 100 File 1904/10 Attorney General documents.

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