a
No. 5498-Feuryary 25, 1881]
•gan, Cohen, and Keller, upon the body of Male Chine, named Wang Akum, aged 28, who it appeared had taken an overdose of oplum. A vendiot was returned that death Was caused by opium poison, self-adnut- nistered,
Hongkong Races, 1881- FOURTH DAY,
FRIDAY, February 25,
of the Course).
Stewarts-His Excellency Sir John Page Honesty, K.U.M.G.; His Barellency Major General Donovan, Commodore Smits, B.N.; Lieut Colonel Geddas, H.31. 27th Int killings; The Hon. W. Keswick; The Hon. P. Ryrie and Messrs A. Coxon, H. Hoppists, H. Deo. Forbor, T. Jackson, F. D. Sawon, and W. H. F. Darby Mr J. Thurbum, (Hon. Treasurer); Mr L. B. Friend, (Clerk
Mr H. Hoppius, Clerk of the Scales; of the Scales; Hon. P. Ryrie and Mr.W. H. F.
E. Darby, Starters. Mr A. Coson, Judge,
This being the off day of the season their was nothing like the number of visitors on the course as on the thrco previous day, and the interest in the various events was decidedly on the wane. . E. the Governor and Lady Hennessy however were present, but the Grand Stand looked rather deserted, but the Grand Stand looked rather deserted, And as there was no music to while away
1,-THS, TAM O'SHASTAR Cur-Value 160, for all benten Bubscription Griffins only. Entrance $10, to go to recond mila pony. Weight for inches. One
Neptune's Water Baby, Hist. Ab. (Lewis), Grammont's Detonator, List. lib. (Baker), 2 After a good loval start Detonator get
as into first place and held it as far as the villago, when he was collared by the Baby, who won the race by about a length. Timo,
min. 16 Boc.
2TER STRATH Cur,--Value 9100, for all besten ponies at this meeting, entrance to go to second Pony. Weight for inches, 18 mile.
2
labour for stealing six skeins of cotton thread, the property of the P. & O. Com pany, from their godown, on the 24th inst,
|
ALLEGED KIDNAPPING CASE,
on the 22nd instant, with kidnapping the
boy Mak a Ngan on the 27th August last,
SUPREME COURT. IN SUMMARY JURISDICTION. (Before His Honour the Fine Judge,
Snowden, Esq.),
Friday, February 26th.
GRAHAM. O'TKRETE, 81,000. In this case Mr Dennys for the defondant applied to have the evidence of a witness, inmed Doyle, taken, de bat case, at the Govern ment Civil Hospital, the witnesa boing too The Judge ordored the examination to bo taken before the Registrar (Mr. Sangster) tomorrow at 11.30 a.m.
ill to attend.'
IN H.B.M.'S. COURT AT
CANTON.
IN CRIMINAL JURISDICTION. (Before Chief Justice French.)
February 22nd, 1881.
REGINA VERSUS PAGE.
Occurrcher.
'7
THE CHINA MAIL.
hon
m
man
Me Franois then put the original question, his Larilship having already decided that the subject matter of it would not be re- garded as a State secret. Mr Hayllar objected
This question was argued at considerable length.
Mr Francis asked him whether ho ex-
referred to in which an act of a foreign bly their freedom in attempting to smug shot. Did not see what was done with the Pago then madu, was a privileged comme clear that he was quite entitled to ask for Government had been held to be an glo the opium ander stelt circumstances. hody. No one made any exxinination of nication. He described the position of a the stotomeat to be given in ovidence in answer to a criminal charge in a British But he must point out that the special ob it while witness was on the jetty, Had revenue officer in England so far as the law spite of the alleged afficiat scruples as to court of justice, His Lordship thou reject in this case appeared to be not so much had conversation with Pago, regarding this was concerned, who had done what the pri- the enquiry being answered. With regard viewed the wees which had been cited, and to prevent the opium being smuggled as to silair, several lines, both before and after sonor here was charged wit' doing to the injurious oleats his judgment might To Awai, 18, cooper, who was charged said the ruling in the Queen and Lesley ap socure the capture and the consegnent le gave his ovidone before the Cousul. Had the action of any officer in Eng Lave, hi could not avoid the law even te do pointed to be opposed to the argument for toward Pago wout therefors concealed in The rillo was n Winchester repenter could land being approved by his superior of a service to the Customs officers, who as the focused, innanuch as the present case an ordinary Chinese bont, not having any not say whether the rifle was loaded or not cars, all the protection of the untry was well known served the floveradient appered on remand, but as no further was to be determined in the same manner nurk whatever about himself or the boat when he gave it him. Page brought it would be thrown around him and his would meritoriously. If what he did was wrong evillence was forthcoming, the prisoner was as if the note complained of had taken place by which it could be known as a revenue back; witness Ered off next morning two or not be liable to indictment. If this state it could, he was happy to my, be set right, evidence was forthcoming, the prisoner was on English territory. It turns out that thore Lont or as being in any way connected with thiroo carried when he gave it him. he had simply fallen into a trap. It was for
If state-it on English plained of had annar mark what Chinese bont,
connected with thiroo cartridges which were luft in it. The ment were to be used against the prisoner The olfaction was overrated. discharged,
was no real difference between the law of the Government or authorities of China. rovelver was
there The witness was then recalled England and the law of Chinn on the sub- He thought they would he find from the It carried a larger bullet than the rifle did the Chinese Gevorment to say whether point blank when uitlored by his Court to an ject of one time law of Chinn on the sub- He thought they would do find from the ovens loaded when he gave it him. he had simply fallen in the prisoner The objection ject of smuggling, and that by the English evidence that the prisoner went in Chinos The informer aid that if the sampanie had their oficial records should be brought into swer the question, remarking that he cousi- Flaw for the suppression of smuggling it was costume. That afternoon, betwon five and not come out and surrounded them, they this Court or not. Although the present dored that it wild be a very dishonest
justifiable to fire into any ship suspected of siz o'clock, the steamer came up from might have got the opinu.
Commissioner of Customs was a British thing to give to the public knowledge ke Cross-examined: The sampans were not subject, that did not bring the documents of had acquired officially amuggling in England and not bringing to Macao, and when passing the Salt Fials, when required. And that upon the facts some four or six miles From Canton, friendly boats. The Cantonese smugglers the offico, which were the property of the Mr Francis asked that he be committed. averred in the plon the prismer would where the river was some 500 or 600 yards are very dangerous; they will fire on any Chinese (fovernment, in any way within the Witness was ordered to stand down till avered in the plon that upon the facts some for when passing the Salt Finis might have got the opined them, thoy this Court or sorts should be brought into punt blank when ordered by sad and refused have been acquitted in England if the case wile, the captain of the Tung Ting, one who attempts to interfere with them; coercive process of the Court. Oral official the rising of the Conifestand don
support of that Mr Holmes, hd his attention attracted by it is necessary to be armed if you are to reports were in presisely the same position Mr. Edward MacKean, Commissioner of had occurred there, and in support of that Mr Holmes, had his attention attracted by
documents they were equally Custom Page, ho said, the morning follow- at Canton, wis naxe called. He argument the Customs Donsolidation Act, shot which was fired across bia bows and deal with them. They pay any one who written documents: ther 30 c. seo. as be sont for he
Page, 50 and 40 Vic, o. 36, 5oo. 181, was referred which seemed to have struck the water a gives information is to the Custons Oli privileged. The Service wouite com Customs at Canton, Wh to. One important element mentioned in short distance ahead of him. Looking eers. Page had a Customs fing which wit pletely disorganised were this honing this occurface and without threatening
The Chinese Goverment, although it hini or promising anything asked him
ment, although
going han not occurred in the plea, under that section as necessary to discharge any quickly to soo where that alot had boon ness gave him.
o Mr J. N. Tratman, an assistant in the might have conceded certain privileges to make a statement of what had happened. proceding at law in respect of such firing fired from, ho saw it had been fired from han not occurred in the plea, under com covered Chinese sampan, which was then, British Conaniato proved Page's registra us and other foreigiers, had not yet con- Asked to say what that statement was, wit sideration, namely, that there was any at the moment lie first caught sight of it, tion as a British subject last month (4th), ceded its right to say that it was the proper ness declined saying, hand to the Court pennant or ensign hoisted in the boat of the on his port quarter about 100 yards off of after notice had boon Burved upon him. guardian of ite own subjects. In this casu an authority from the highest Chinese off MOONEY U. LI v. TIN, 880-This was pennant or ensign hoisted in the boat of the on his port
Capt. 0. Holmes, now of the King-hing, the British Government had taken one line cial in this place, declaring this is not a claim by Capt. Moonoy, Into master accused with the view of indicating that it sa Tnt was, therefore, between hira and
was engaged on behalf of the Chinese Chus the south bank of the river. From other who was on the 26th October in command and the Chinese Government mother, but it concern of a British Court. It is a coin- the above smu, being half the price argument with the view of showing that the edly fired from the boat in which the fired from the port the starboar of the schooner Americe, to recover wa ngaged
in
He only referred to that evidence coming from another source they of the Tung Ting, doposed to his attention did not follow that the laws of international munication addressed to me, to state of a gold watch aid to have heen, pre- plen did not contain an averment of every edly fired from of a gold watch to have been argument with the view of showing that the would find that that first shot was undoubt having been called that afternoon to a shot comity worn to be altered because the that the dreument and statement made
a watching toms Service. sented by the defendant (the charterer of plen did not contain an averment of every edly fired from the boat in which the fired from the port quarter of the steamor Chinese Government took a special view of are the property of the Chinese Govern- Mr ment. Pie: Chinese defendant had promised the plaintiffs gold
bringing lust hacosmary for the accused to prove to prisoner was, and the precise object with ad crossing her bows to starboard. This the killing of one of its own subjects. Bir ment. It is addressed to me by the Viceroy the vessel) to him. It appeared, that the discharge hini-from liability to punishment which it was fired was for the purpose of was between the two pult stations, 14 fw McKean, if he wore called, would be able of the Two Kwang Provinces. These defendant had promised the plaintiff a gold discharge him from liability to punishment which it was fired was for the purpose watch of the value of about $100 ns a under the law of England. Having referred ging som snugglingur supposed miles below Canton on the river, nearer to show, what would have to be shown in matters being the property of the Chinese me without douceur for looking after the charteror's to the ones of Phillips and Eyre and Hart struggling boat to, and the statement is the southern than northern bank. The England, that the higher authorities ob Government it is imposible for me with
and dust
boat Chinaman standing in the bot in tom House, and that staten
WAS fod from a sampan by a jected to the production of the documents breach of bonbur se a Chinese official to the intervals between the races, the after-interests, and after the second voyage the and dumpah, his Lordship said he might that it was across this hows of that boat, shot
the learned Counsel also argued the ques divulge then plaintiff get the watch from Mr. Noble, observe that in the cases of Regina and Lesley Captain Holmes, then heard two or thres Chinaman standing in the bows. The. The learned Counsel also
I am by this forbidden th noon passed very tamely. Many of the Sometime after this the plaintiff discovered and Dobres and Napior the Government of aliuta. Ito would toll (fiom from what samipart was 200. yards off, on the port then as extio of public policy, zavartining tu furnish to this Coure the recorda of the Cur
covered Chili on the one hand and the Government direction he heard thein. He then caught quarter and astorn of the steamor. The the benefits accruing to foreign nations in tom House, and that statement forms payt mat erections were in scure of demolition that the bill for the watch had been out of Portugal on the other had not abandoned up his glases to make out at what the shot was from a rifle or musket, not a re-respect of their trade, from the establish of the records; I an forbidden to meko
passed and signs were everywhere apparent that by the Agents of the vessel; the plainti that into his accounts and charged against him
by the Agents of the vessel, the plaintiff their territorial jurisdiction over British firing was, and he then saw a dug out on volver. Saw the shot strike the water, mont of the Custon: Service, and contending the communication a
I ant asked for. To the Court, witness said his immediate the Valley is about to return to its usual went to the defendant to remonstrate with subjecte as the Einperor of Chins had done, his starboard quarter with two men in it, It passed the bown of the steamer at about that it would be opposed to public policy quiot condition.
hin, when the (defendant) give him 380, In this case he failed to see that any of the paddling as hard as they could to reach the an angle of one point to her conitse. Before to weaken the position of the Service by head was the Inspector General of Customs. 350, In this case he fellor of Chin hud dish ring was, and he thake out at what the quarter and storm yards off on the The learned Contion of the docus ob- Government the property of these authorities cited supported the plan. Ju north bank of the river. He saw shote that, had not heard any other shooting or compelling the production of such evidence Ile had his instructions. Asked through this claim heing for the balance,
the Court at the request of Mr Fraios
of MF stated that the defendant promised to give to the indietmont
Mr Hold appeared for the defendant and his opinion the demurrer must to nowe, fred by a man standing in the bows of the firing. Did not see at what the shot was is that now in question.
Mr O'Malley followed on the same side, whether he was not under the Heppo, the Capt. a cumshow at the expiration of The stated that the defendant promised to give and an order male directing the accused to covered boat, dressed in Chinese clothing. Bred. Afterwards heard other shots; it
He saw these shots strike the water close to might have been five seconds afterwards. It was a State secret, and the Chinese Go witness said he was not. Mr Franeis fur- the charter, should the Capt, make a good
The prisoner was then called on to plead the bows of the dug-out, which was doing Heard either two or three; did not an vornment only had theright to make uso of it, ther asked whether witness did not himself, ite best to get away, and immediately after where those shots came from; only heard Mr Francis contended that the confession since he received the subpena dices team the charter, should the ale expiration of plead to the indietmoting the accused to envored bonding in the bows of the rat, had not heard any other before to weaken the popposed to public policy pidgin and make proper walkee. The Capt. pleaded not guilty.
The following jury was ompanelled the last shot. was fired the China who the report, From the sound took thom had been made under circumstances which in this case, go and ask that this order however got the watch after the second voyge when the charterer was at Canton, Munro, Berts and G. D. Ferron
1108 A Mogers C. A. de Britto, W. E. Mitchell, I was in the bewa of the dug out foll back to bo frita somewhere under the ship's would entitle the prosecution to manke ure should be given. and the bill for the watch was paid by his
into the lows of the bout. The question stern. Saw a dug-out of the starboard of it, supposing the question of privilege i Mr Hayllor objected to that question, Mr Smill then stated to the jury the for the consideration of the jury would quarter, 100 or 150 yards off, and a point the ground of its being a Stato secret did not It did not affect the prisoner at tite, bar clerk on the understanding that the plaintif should repay the money if the defendant nature of the indictment and the toclinical arise almost entirely out of the evidence of off the steamers course. There were two arise, and on this he said it was only in the
After argument the question was with should repudiate the transaction. Mrs for should repudiate the transaction. Mr ressons for which the different conits had Captain Holinics, supplemented as to some people in the dug-out, whom witness took ense of written documents that privilege drawn, his Lordship. remarking that it He also contended that the would, of course, be-necessary to bring the
us Holmes contended that the defendant never been inscried, they all referring to the same of the facts-by a statement made by the to be Chinese, paddling towards the north was allowed. He also minded that the would, of
prisoner. Aitor the max in the dug-out back. While witness was looking at the Stute to be considered here was not Chiar matter to the notice of the authorities before promised the plaintiff a valuable watch
Case adjourned to next week, the Court
Mr Francia said it now beating his duty fell, Captain Holmes would tell them that dug-out some other shots were fired and the but that of Great Britain, the prisoner they and make any order upon it. rising at 4 o'clock.
to lay before the jury in detail the history the dug-out censed moving, the eprored wan in the box foll. The shots case from being a British subject and the only law of this case and the facts and circunstances same pan was pulled close up to it. An the sapan pursuing the dug-out. The administered by that Court being British dug-out. The cabritain, the prisoner out of which the charge had arisen, and to attempt was rande by one of the people in shots fired from the sampan were from a law. The rule of law which excluded explain to thun, under his Lordship's the covered sampan to put the man who shoulder gun of some sort. Should say the certain evidence on the grounds of Stato direction, the law applicable to the subject. had fallen into an erect position, and a sumpan was at least 200 yards from the policy and the application of the principle It was his duty to lay before then only endeavour was made to take the tug-out dag-out. Did not notice any shots fired were solely in the interests of Great Britain such facts as he haped to be able to prove in into tow, but then a number of aaaupums from the dug-out. Up to the time of the and not in the interest of any foreign State. Bagatook's Zip, 11st. 1lb. (Baker),..... 1
evidence, but he could not cruceal from came out from the north shore, aurronded man in the bows of dug-out falling the two It was said that a decision to the effect that Witness, further examined, said he did Jack's Cruiser, 11st. 4lb. (Braadt),,.
himself, nor did be conceal from the jury, the two boste, and what happened after men woro paddling as hard as they could. this evidenco was admissible might dis- not know where the written statenient now Pye's Driving Cloud, list. 2lb. (Lewis), 3.
that in this case it was very posible, from that Captain Holmes' did not know, The Took the man to be a Chinese who fired the organise the Customs Service of China, was. He saw it last in the Yamon of the Kerfoot's Wild Rake, 11st. 1lb. (Annesley), 0
the peculiar ciremstances in which they next they heard of Page was that he came shots from the bows of the arapan; he had which meant, he supposed, that wantover Commaissioner of Customs, Mr Francis Bagstock's WildIdyl, 1kat. (lb. (Bathgate), 0 |
Mr J. J. Francis and Mr F. R. Smith stood the that he might not acceed in back the sune evening about six o'clock to Chinese clothes on. Saw no European in number of British subjects were at present basing asked whether the document was Driving Cloud got away with a good lead, appeared for the prosecution. Mr TO. Proving y of those things which it the Castons quarters in Canton, where he the boat. From the moment the first shot umployed in that Service might be dis- not in the Custom house down stairs, wit- and when passing the Black Bock the ponies Hayllar, Q.C., Mr E. L. O'Malley, and Mr would duty to open to them. The saw his friend Davis nad told him he had was fired until the last heard no hailing or missed. Now, would his Lordship conness said he really did not know.
Mrld be
ngmont the consequences of E. it was not sitting within the territory missed the opium, and he thought it might shouting from the sampan. Took no notice sider for were strung out in lins, Cruiser having the Blackean, instructed by Messrs Brereton of Her Majesty. The jurisdictions way be there had been a man shot either by hini whether she was crying any flag. Suw refusing this evidenest. An Englishman ported any one to believe that statement.
and Watton, appeared for the defence.. second place when entering the straight
She Tsai Yi, Expectant Tantai, was pret could exercise no coercive jurisdiction Castone Office, where were Mr Eldridge, the ordinary
purely a personal one over the prisoner. or the Chinese who were with him. Page one man in the bows firing the shuts and in the Customs service did annething which
Mr. Hayilar protested and characterised British law was a grave and Mr Francis suggestion na a public scandal. Zip one up to the latter, and a splendid sent on behalf of His Excellency the Vice it could exercise no coercive jurisdiction was then taken by Davis neross to the another at the stern sculling. It was an in the eyes of British law
over any other than British subjects. Customs Office, where were Mr Eldridge, the ordinary covered Cantonese qarapan. Could serious offence but which his Chinese
The witness also described Mr Francia" race took place between the three, finishing roy, to watch the case.
His Lordship now gavo judgment
americal aulajects whose evidence might be principal tide surveyor, Mr Parkhill, and see the upper part of the body of the man superiors were, as in this case, willing to conduct we bolent in inating a lie to gavo judgment on the above, Zip winning by nearly three plea to the jurisdiction. He said the ques- necessary in the course of the case were not subsequently, dr MacKean, the commis who was sculling. Could not see whether overlook, adopt, and ratify: No Chinese him.
a selling. Could not see whether overlook, adopt, and ratify, No
Another question on to the statement lengths, Time, 4 min. 1 second.
tion was whether on the iverments made in subject to the coercive jurisdiction of the siouer, and inade a statement to him. The any one was under the forward covering or could be brought into Court to give evid
Court Whinese subjects whose evidence it body of the Chinaman was brought the not. There might have lean other persons ce against that man, un foreignors except made by Page, witness declined to answer
donce it me orening to tow, anal it was routs Did the ples the Court had jurisdiction to en
ence 3,-THE SNOW STORM PLATE, Value $150. tertain the prosecution. The plen involved night be necessary or desirable to have same ovening to the Customs jetty and in the sampan than those two; did not by the courtesy of the Consuls of other as he was then on official duty and those
examined by De Carrow, and it was found from the North shora, sampans and duguntions, and one of those Englishmen in acts were the acts of the Chinese Govern A handicap for all Griffins. Entrance the proposition that where a British subject might not be present. $5, to go to second pony. 1mile, queen him were others present, two De lawfully and with the sanction of the Queen Mr Hayllar said that if it was intendent on his examination that a bullet, either outs Did net son any Chinese flug. At the same Service could be compelled to give ment only. The question being prossed ho entered into the servics of the Emperor of to call Chinese witnesses he hoped his from a ride or revolver, because their inforna muid there Neptune's Water Baby, 10st. Gib. (Town-
sond), 1 China, the conduct of such British subject learned friend would furnish him with their the left side between had struck' laim on the time the last shot was fired which car evidence against him hoa compelled to give ment only. The question being pre
China, the conduct of such British subject learned friend would furnish him with their the left side between the fifth and sixth rid off the man in the bows of the dugout tion bas been obtained by them in the puty Commissioners. Mr Porter and Mr sond), while in that service and in discharge of his
subject names in accordance with the usual course. ribs, and passing through the heart and no boats had eine out from the North Castors Survice. To give effect to the Nidford and the Tide Surveyor Mr Parkhil. Peel's Merry Andrew, 10st. 101b. (Baker), & duties therein could not, under any circumeric renstances which justified anctor's evidence in
My Francis sait that in this case there lungs, hail come out on the other side. The shore; they came out afterwords. At the contention now raised wont be to enable There might have been also a Chinese ser- Fuck's Strathisla, 10st. 81b. (Annusley,tanees, be made the subject of legal pro- it in his intention not to give Que names shot must have bou instantly fatal, pursuing sampan was about the same dis- of the defence
doctor's evidence in to the affect that the time the man fall the dug-out was 150 to the Chinese authorities of the Custome vant. Gordon's Thunder, 11st. 4h. (Brand), ceedings in a British court of law, provided until the witnesses were called.
prowers certain
Ther 200 yards from the North shore, and the Service, or whatever was the moving spirit Mr Francis then asked for an adjourn- Annealay's Puck, 10at. Olb. (Papillon), Buch conduct had been inquired into and.
wna ono point which he had saitted to pursuing sampau was about the same dis-of the defence in this case, to do indirectly ment for the purpose of serving a notice on
indirectly ment Grammont's Fuso, 10st. 1lb. (Bathgata), approved, adopted and ratified as
Mr Hayllor said that opened a very mention, but to which the attention of the tape away to the South-ward. While what they had failed to do directly, spact the Hoppo, into whose custody the docu- an act of Townsend, on Water Baby, made the State by the Emperor of China; and the serious question.
jury ought to be called, and that was that this firing was going on there were several and get rid of the jurisdiction of that Courtment had last been traced, Mr Francia and the question could he Captain Holmes said he saw, a parcel or small boats paddling about the shore, inquire into an offence by British
by in
His, Lordship naked Mr Francis if he running from the first, and though he fell proposition first stated, if established, in fully argued wh
volved this couscquence, that under certain fully argtied when it arose on the witnesses package which might contain spinim passed Could not say whether any other boats were subject. There were no cases in which would not go on with another witness in the behind when once round, pulled through
circumstances the acts of British subjects being put in the box. If the objection out of the dug-out and dripped into the company with either the dugout or the evidenco has been excluded on the ground meantime. Go on
water. Whatever benefit that fact might be sumpan. Did not see any ahots fired from the of its being an act of State of any other Dr Carrow was then called. Ho is a again by the village and had a fine race in China, although involving charges of a then arose it could be taken.
ariminal nature, might be withdrawn en as Mr. Hayllar stated.
His Lordships said the usual course was to the prisoner he was entitled to it. But dug out or North bank of the river. The country, and he submitted there was no citizen of the United States in the employ with Merry Andrew through the straight, ariminal nature, zuight be withdrawn en- tirely from the cognizance of the British
it was no part of his (the learned Counsel's) river there is about 500 yards wide. The authority to justify the witness's refusal to of the Chinese Government and in the em winning slewerly by a neck. Time, 3 min, authorities, and that thus the jurisdiction Mr Francis said that was the usual course, in the the usual course, the
caso to make out that the two Chinamen package witness should say was opium, repeat the statement made to him by the play of the British Goverment. He ex-
play of amined a body on the 26th October in a * 500,
which the sequel would show had been but there were peculiar circumstances in indug-out were not, sugaged in sung because it was about the size of four balls prisoner.
Mr Hayllar, in reply, contended that dug-out by the jetty. Ho had been ordered given by tranty by the government of China this case which rendered it desidedly in gling. The only evidence he had would of spine and he had seen similar packages!
go to show they were engaged in some Did not go to show they were engaged in some Did not ace anything further of the sampan there was nothing to shone the interests of by his perior officer not to disclose the to the British governant of jurisdiction in advisable to make known the names of 4-TEK NATIVE SCRAMBLE,First pony to the British governant of jurisdiction in advisable
pouyte over $25; second 810; third 85; to be The learned Clouznesl then addressed Did not see the man who fell forward in considered in the application of the law as
ridden Qualis ovtion that the neto complained of besecution.
idden China over British subjects, was liable to the Chinese who might be called for the pro-smuggling operation, and so the case must or men in it after the vessel passed up. Great Britain were the sale interests to be result of his examination.
Mr H. Eldridge, Assistant Tide Surveyor, by Chinamen, catch weights. Once not adopted as acts of State by the Chinese learned Counsel said that under the that the prisoner had no right to use fre- ment afterwards,
quoted that the nets complained of be secution. Continuing his address, the was an Ameri not adopted as nots of State by the Chiness Learned Counsel said that under the the Jury on the law of the case, and urged the bows of the dug out make any more
was then called. He said he round,
never been laid down in that narrow way, can, that he was there in obedience to a government, The point then to be estab- peculiar circumstances of the ouse halim- that the prisoner had no right to uno re-ment afterwards, 1lished on behalf of the accused under the self would not be surprised if, because of right to use them for the purpose of otfect-fired there were a considerable number of modern days we had got rid of that insular his evidence was given under protest. Be Cross-examined: When the last shot was and he should have hoped that in these summons by the American Consul, and that to arms accept in self-defence, that he hail no 2plon, and this he understood to be the archo inherent difficulties attendant on the
gument for the accused, was that the inqui- prosecution of is oriuinal case in that place a date or arrest, huggling being an bouts on the north side. After the man notion. By the counity of nations the knew the prisoner and remembered the is ing capture of the duct compared of and its before that Court, he night fail to produceft m offence punishable by fine; that, out. ry into the conduct, ry into the conduct
urt, he might fail to proplace offence which in England was not a felony was that they came out towards the dug general good goverment of other nations 20th October laat. Something special ce adoption, approval, and ratification ne au that evidence which was neccary for a
Gratification as
prodit moffence punishable by fine; that, out. Saw the first shot fired; some five as well as your own was to be considered, curred on that day in relation to the act of State by the Emperor of China, had conviction; that evidence which it would be even if he had fired only with the intention seconds afterwards, heard more shots but Even taking it, however, on the ground of prisoner, but as an officer of the Chinese 0 ousted that Court of it would be of it Government he declined to answer the its jurisdiction in the his duty to open to them. It was also frightening the smugglers and an afray did not see them fred: Did not slacken British interests, he urged that it was in Goer, but as an officer of the Chinese matter of that prosecution. The argument possible that as difficulties had been thrown and arisen in which the last shot fired by speed at all; might be 400 yarda up the the interest of Great Britain that the Chi- question what that was. His osmon the
the annen i hi rown of the accused seemed in pubstanco to in the way in the earlier stages of the pro- defence proved fatal, he would still be the dug-out,
earlier stages of the pro- the prisoner or his accomplices in self river at the time the sumpan canto up with nese Oustoms service should not be disor tended to rhything or in objection, sze Toss difficulty than was anticipated, and the
mestoms thatlined to answer ganised or its position weakened, that for would be dishonourable. It was immaterial amount to this, that in the 16th Article of secution by persons who were British sub- pace was fast and furious. When half the Treaty of Tientsin, giving jurisdiction jects, the same difficulties and opposition to manalaughter), he having provoked the day.
guilty (though the offence might be reduced The Court adjourned till the following vice having been established nach, if that he had been told not to answer, he
not more, in the interests of foreign na would not answer. away vuond it was anyone's race, but between in China to Her Majesty over Her Majes inight be persisted in before them. His to manalaughter), he having provoked the day.
Her Majestatement by evidence.
tions than of China herself. It was not the ty's subjects there, the food provided it was supported by a st ty's subjects there, the following proviso statement was only to be taken in so far as affray and that if shots were fired by the Bleak Book and the Village, Scd should be considered sa added,
The witness was then told he might stand interests of the British subjects in the Ser down witness was then told he might
forging smugglers it was his cluty to get out of the provided it was supported by evidence. The pri-way, if he had the opportunity to do so,
Serowe
down always that such jurisdiction shall not exist woner was a watcher in the Customs Servic
The evidenco for the prosecution was ice, but the interests of Commerce that Mr Frane
Mr Franels then put in evidence the were to be consisteret. In supporting this affidavit of the prisoner declaring the con- in cases in which the sets, the subject of a and his duties were to assist na far as he without the use of deadly weapons. He continued
as a fully might the Chinese. Government in the a what it had accomplished in the way of confession. complaint, by whomsoever made; against a fully might the Chinese. Government in the also urged that even if shots were frod
Mr S. Parkhill, Tide Surveyor and Har. argument the fearned isel Adverted tenta
be the declar-repression lighting the coasts of China and regulating British subject, shall be shown and declar repression of smuggling, and carrying out from the dug-out, in a place like the Canton our Master: Prisoner's duty as a watcher briefly to the history the Service and true sad which he piposed to uso ass Police Intelligence. ed to be nots of State on the part of the the general duties of the Customs depart river, the first shot having been-red from was to aid in the prevention of smuggling What it had accomplished in the way of confession.
the Customs depart-river, the first shot having been fired from tents of his plea to the jurisdiction to be Hu naked for an adjournment till to (Before the Hon. M. J. Tennochy, Acting Chinese government," and that by the law mant. On the 26th October last a man of such a beat as the prisoner's, without an and do whatever he was told by his supe lighting the coasts of China and regulating (Before the Hon. M.-S. Tonnochy, Act of England the Treaty of Tientsin is to be the name of Davis, alag a watcher, obtained would be justified in returning the fire.
of England the Treaty of Tientsin is to be the name of Davis, also a watcher, obtained indication of authority, the poople fired striors. One of his duties would be to see the athle
"morrow. Y Police Magistrate
read as if such proviso were in express certain information that a quantity of
Mr O'Bailey also replied. that goods were not landed or shipped Mulley in
Mr. Hayllar asked that a special verdict: Thomas L. Davis, tide water, was the first point, saying, in reference to a and affidavit now put in by the other side. Friday, Feb. 25.
terms part of it. This argument, if it we
This argument, if it were upium would probably be attempted to be Thomas L. Davis, tide water, was the first without to prevail, would seem to lead almost to an snuggled jato Cauton by dropping it over witness. Knew defondant, who was employ without a perinit. On 26th October, about the preserved judgment on should be taken on the prisoner's statement
half-past five in the afternoon, Page made then by Malles, that of andfidavit Chang Achan, 22, hawker, was convicted abrogation of the clause in the treaty, and board from the steamer Tung Fing and ed in the same Service, as a watolier. Un statement to witness as his immediately that of Chang Achat, 22, he and two jackets, wouch it night bo thought it to apply or innwall to take me to have consented to ing unable to go light go and get the opiunt, he had been
watcher. Una abatement to witness as his immediate Peterson v. Okene that his only dispositio Lordslap held that, under the special
Mr
Mr O'Malley addressed the Cotut in og of stealing a pair of leggings and two jackets, would withdraw British subjects in cases in having it picked up out of the water by 26th October last, witness gut certain in- superior in the Service in answer to a quest was to takiej
uperior in the Service in answer to a ques-culty was as to taking the view expressed
to the adjournment, the property of Pang Eling Kee, com- which it night be thought fit to apply the one small boot, Davis bind city. Pat that question because he find
himself was touto to some Pron this te behalf
opium which was to tion witness put to him in his official capa on behalf of the Government muling the circumstances of the case, the adjournment pradoro in the Commissariat Department, argument from all jurisdiction whatever. utwell to lake advantage of dust tento be dropped overboard froin the stepiner adorn the Commissariat Department, wit, in such cases, the inatters of como down the river and interrupt the opiumt. he told Fagu heigh the two fuformers and had been sent on special duty utoms match could be best fide & State secret. jurisdiction whatever. unwell to take advantage of that info be dropped overboard froin the stepine tion witness put to him in his official capaculty was as to taking the view expressed
of that infonna
claim as to what was a State secret Of ought to be granted. on the 24th just. The clothes had been Now if, in such cases, the inates of com- tion, wid Page poured to have consented to me able to go humolf, though all-licalth, heard that something had happened. Asked course there might he arguastanica where
in quo and Tung Ting as she came from Macao. Be caught plaint could not be taken cognizance of by go down the river and interrupt the opium. he told Pagu he might go and get the viunt he had been sent on. Was aware where he secret, and there would be an end of the might seem to have thrown on that gentle Mr Francis asked to be allowed to apolo- hung up to day, and defendant was Pat might want him to give a report about the business at once the Court, would any it by the hole base user McKean for any batman while in the act of taking Her Majesty's courts: they could not be It would be proved that wher offour of the Handed over to him the two informers End had been sent un special duty. Knew that secre
at once tho Court, would any it was a State gise to Mr imputation he the articles, and, he was sentenced to be punished by the law of Ching, inasmuch as Customs succeeded in capturing or in- Imprisoned for three months with hard the Emperor of China had given up the ju- terrupting optum they got a very consider pove lima rifle and revolver. Rage anked againpan had been brought to the Customs matter. He had some difficulty in seeing man's truthfulness and to withdraw his Labour,
risdiction which he would otherwise have able percentage by way of reward out whether in the event of his being fired at jetty by two Chinese fomales with the body how this could be bona fide & State secret. boen entitled to over of opium they seiza,
he was justified in Aring Lack. He told of a man in it. Did not know whether the Mr O'Malley If your Lordship, were made thees romerks he was An applion in China, and conferred it exclusively upon tion was niade in writing by Page to the arms without his asking for theinsippan on its back. Looked into the
An applion him that he was justified. Gave him tremely difficult question.or in China, and confer British subjects while opereantage by wagery considerave lima rifle and revelrenners and h Mr Jorge Britto, clerk, was simmoned Her Majesty. The consequences to which one of his superiors for permission to the
back, Looked into the
document in his possession for manling Air R. J. dos Reinsdios at such a view, if stablished, would tend need go on this particulat cxpedition. The Had been on similar expeditions several sampun because it was said there was a man
which one of his superiors for the it lood in the bout cars the inquiry is shut out. hajat Tad consequences to which one of his superiors for permission to the arms without his asking for thein body was dead or alive; it was lying in the to go into that, no doute it would be an ex- strong impression that Mr Mander the Mr. &
His Lordship-But according to that Mr Parkhill was then called up and axir Wong-net-chong on the Bard inst. Mr not be adverted to further than to say that permission was given and he was quite times before, and knew what was usual, in it who was hurt. Saw blood in the bout case the inquiry is shut out. Wotton appeared for the plaintiff and sets might be excused un nets of State, willing to concede that would be so far as Always took arms ou such expeditious but not about the body. Took no stops to
bets might be
Mr O'Malley-It would be an inquiry not be committed for his disobedience to od permission to withdraw the summons, which to say the least would not meet with the duty was concerned equivalent to an The terms he gave prisoner were witness's sea whether the man was alive or dead at on which your Lordship would enter with his Lordship's order in not answering the
ission to withdraw the summons, which to say the least wintry in which the order. In the printed instructions of the Customa régulations: concerting fire-armis. that the man's hurts were looked after Francis, handed up to his Lordship
with not be an Mr Hayllar, consent of Mr As an amplo apology-hdraw use an willing
simple apology had been given. The approval out of the country in which the order. In the printed instructions of the own property. Was not aware of any that ties Dil-not-take any atape to see out material with the sunnon palogy had bones, which to say the least acts of Statewission was given expedition. The Had been on unit
sols complained rulent to an was withdrawn,
sols complained of were said to be sets of Customs service, to the production of which after, sols complained of were said to be sets of Customs beeful
of Customs service, to the production of which Had been warned by the Tide Surveyor to Inferred from what he had been told and opinion by Mr James Stephen as to the
that the man's .'. Stale. Then arose the question, what was he hoped no obstacle would be oppose Had been warned by the Tide Surveyor to Inferred from what he had bonded Francis, handut up to his Lordship an Stale. Then arose the question, what was he per orders that no officer going on prisoner had written instructions, received, his face; coulli not say from traffe Court adjourned until the
What was he hoped no obstacle would be opposed, be careful in the use of arms. Believed what he saw that the man was hurt. Saw rights and liabilities of Customs officers, AND ASSAULTING THE POLICE. to be the jurisdiction to determine the there were O Dequel, 28, provate of H. M. qtration whether the sote complained of anoh, duty shall carry fireurns who ou prismer had written instructions, received, what he saw that the man was hurt. Saw rights and liabilitios of Customs officers, O'Connel 38 provate of Bequation plate the sole complained of son duty shall carry firms with pon wave in both better
acts
without per nu apie was pemance of death. Did not there and then day.
his face; coulli not my from that whether rigirts and liabilities of Customs officers, With Regiment, Tai Ayan, P. d. 801, more than the mere fact of their being by the puperior oficere, and there was also look in the afternoon Page and one of Asked Pago when he came to the office for 7th Regiment, oharged with being were properly acta of State. Something mission of his superiors, such permission was on application, from the Tide Surveyor, he was alive or not the body heat up the Court adjourned until the following
about haul drank and smauling Tai Ayan, P. d. 301, more than the mere fact of their being to be applied for, the arms were given out the conversation detailed took place about pearance of death. Did not there and then triking him on the afoulder with a kick, approved of acts of State would be look in the former ut are send for anyupo to look after his wounda triking him on the afvulder 301, more than the mero fact of mething mission of his superiors, such print, per- en antic
With leant, in Wyndham Street required. Their bonics de nature as a special instruction to each of the Customs the informers came to witness's house the statement of the oito zinstances of the that expressed his regret, and was acts of State would have that witness
misant the bio smstances of the Fago ho
His Lordship, on the assembling of the 113, in default to be imprisoned for and differences would in all likelihood used solely for self-defouco. They were todo voluntary told witness he had been mission he was sent on, so that it might be Court to day, gave judgurent on the ques- 13, in default to be imprisoned for and differences would to be shown Oficiale at these firearms were to be the informers came to witness's hase. Asked Pago when he came to the office for teen days with hand would have
down the river to work the information appear in the laws of the two countries not to be used for the purpose of suforsing witness had even him that he had lost the given to lus (witness's) superior officer. Did tion argued yesterday. He held that, the with reference that s that Court admittedly to his superior for his friend Davis Page's question what matter to the Tile sel (Mr Francs to your enquiries? There were se with reference to the matters of complaint the surrender of any person or the capture witness ind gave him, that he had lost heul threatens him in any way or hold out statement was not to be excluded on the Hongkong Bank, 93% prem, ox div., sales,
popium But it was said that s that Court admitted of any prisoner. The prisoner did not agus cities by himself or the Lanty promise to induce him to make any ground of its not having been made volun. Union Ins. Soc. of Oton, 81,860 per share,
opinn said at there might have been Ashung, 28, coolie, was charged evidence to show what was the law of China ply to his superior for arms, but borrowed for a hot sides hire to statement. There was no other officer of tally; it did not appear to have been made Chi Traders Ins. Co., 1,525 p.sh. sales.
Chinaman shut either by himself or the
with hba. In reply flag hoe hawkar, on the 4th regard to such cone to show what arm, on, told him only for testified in man who was alust rik masling og braas look, value 30 cunts in regard to contracts affecting the tempre a ride and revolver from his friend Davis question what a should do use the Castors present at the time,
20 cunts in regard to contracts all the Chinaman shut either by himself or the 1 any promise to induce him to make
of and was bound by the law of Chins He asked Datis under what cireuinstances the was,What says Fitriamas Staphene, ed. 16681 H.K. Fire Ins. Co., 81,000, alsa.
under, any inducoment, threat or promise, North China Ins. Co., Its 1,125 per share, A Home Akupo, a hawkar, on the 24th of land question what he should do, witness
oui As to the second ground of objection, Yangtzo Ind. Asecc., Tis, 725 p. 1, ex div. The next question of the examining Coun- As to the second ground of objection, Yanet the cera antennet, in one month's in regud to such contracte, po here the he would be justified in making use of tas told him to report the matter to alie Tile sel (Mr Francis) wai, What did Page day privilege, he referred to Rosco's Evidence Chinese Inu Co., 6310 per share.
a to you in ant with hard labou
boor.
Court would admit evidence to show what arms, and Davis, sccording to his own re- Page sale, in answer to witness's questions, Surveyor or whosror was in the office.
office to you in reply to your enquiries ?" by Ins. was the law of China in regard to amuggling collection, told him only for the purpose of the he had son the opium, that tho
Mr Hayllar objected to the question, There were set there down three grounds China Fire Ins. Co., 8300,
three grounds CW. 31 % prom and would be bound by what was shown by his own defence would be he just a report of fidance and o AHLAWFUL FORSESHOK,
Witness, in reply to Mr Hayllar, said the of privilege-injurious consequences, con H.K. & W. Dook, 11 7 rom, ex div. would be bound by what was shown by his own defence said in answer to witness's questions, Kang Afdby 26, coolle was sentenced to the ovidence to be auch law. By the lawmaking use of the weapons. Now, it might man who was shat was still down the river call he made upon Fage for
Sidance and public Cosmopolitan Dock, par; nominal,
publdonsequences, king, 100 f
that he had been quite close to hit, that what had
he made plage or URGENTA Cosmopolitan Donky par med for and manth with hard of nations, however, which was part of the seem the vary easiest method of provanting the other man in the bont la thrown the cisl command which Fagd was bound to rondining ground of objection here, which Bhi Steam Nav., Ts. S pers. scrunal. Imprinted that he had been quite close to him; that what had happered was in the nature of an groudd brought in and was linked with the IL 0.31 boxed or nominal
them unium obey, FL lawful posession of five picces law of England, contracts in regard to land that opium on board the Tang Ting from pint overboard. Did not say in whit official command which Pag
HCM. 8.-boat Co., 322 pm. ex div. official of her man in the boat had thrown the what had happened was in the nature of an grouidd brolis policy. This third Coat Dock, 21 % prom, ex div.
awes that this statement inade by the pri- China Coast St. Nav. Co, Tle, 14hp share, wood which had been taken from some were obey
was that round of a linked with und Co Dook, 21 governed by the law of the place where being dropped over the steamer's site asupium overboard Did but say in whicis command which Page was bound to rondining ground of objection here, which the land was situate. To apply the same she came to the river and piekod up by state
Mr Hayllar cuntandod that this state- sonur was Stato secret of the Chinese Hongkong Gas Co., 380 per hare. doctrine in the inander contanded for would boats about the Balt Flats, to have sunt a Fags was then in minifarm. Went with ment could only be introduced as a confor Governinont: On this point he referred to Hongkong Hotel Cows Bl
him to the dads to make report: Waited ment could only be intros a voluntary cour the case of Fotárson Okone, 29 I J., Chas Suger Raf. Co., 8100 per share,
Co., por share ar div. be to make the law of Chine in regard to Chistons Ravento gig with the tag flying the How Ng Choy, Acting Police be to make the law of tanded for would bosts about the Baler and piekod up by state the man whs who had noboy which Pagd was bound to romdining
smuggling the law of England, and would and an officer in his uniform down to that on the jetty while he was inside. There was, and it was not such a voluntary con- the case of Feterson Okone, 29 J.
officer in his uniform down to that a dand body in a day out at the jetty when cited various authorities on the point. His defence. Following the dietam laid down Chimps Imperial Lan of 1871, ustabial,
down to that on the jetty while to make report. Waited ment could only be introd that this state- sonur was a statement inade by
Do. Debentares, 3 vrou oto witness and Pave arrived there. Fage said ALMORE FROM A GODOWE be antagonistic to the express provisions point in the river. It was hardly to be dead body in a dog out at the jetty when to a would make it admissible. He Ex. 450, which had been relied on by the Chin Sugar Ref. Co., 8100 per share, sales,
Japan Order in Council, supposed that the people on board would that might be are body of the man who was of this evidence was that the statement | held that, in this case, the matter was so H.K. Ice Co.'s shares, 20 praco was sentenced to of the Chuns and Jepan Order in Council
38770 wooks with hard 1805 Put further no se had been be disposed to risk the opium and now that might be the body of the man who was oond ground of objection to the admission in that case by the Lord Chief Baron, he
Bagstock's Zip,
Gordon's Second Violin,
Houst's Redstart,
Jack's Cruiser,
"Gordon's Tam O'Shanter,-
Kerfoot's Wild Race,..
Paul's Braio Chicl,..
They got away well together with much
Fiolin forged a longth ahoad, and increasing
his lead won sasily. Time, 1 min. 53 eço,
LARCÚNY.
ASHAULY AT THE HACER.
housed on the 35th lost.
for
Mlardirale
bur
་
up
out
use
shot,
23rd February.
to the admission of State secrets. It had
harbor
Thursday, February 24th,
seconds or pro
Mr Francis aan for any
ex-
ramarks, but said that at the time he
had the
can
snything
ed if he had anything to say why lie should
called
up
and
question that had boon pa to him.
rule of Court to commit Mr Parkhill to He said he had nothing farther to say, Mr Francis Baked his Lordship under the prison for seven doonnut Mr. Par
His Lordship said he thought he would fet the inatter stand over till the next day, and ordered Mr Parkhill to attend them.
The Cout then adjourned until the fol- lowing day.
Shares.