Page
TUESDAY, AUGUST 19, 1919.
THE BRIBERY" CASE.
APPLICATION FOR REHEARING REFUSED.
IN CESTODY.
THE CHINA MAIL.
it. Instead of doing his duty by As this point M. Smith obesered. | taking the man in to see the Head defeudun standing in the look and he demanded $3, as a matter of But remarked: I don't know why th $10. There was a case at Home of roan is sanding in the deck, by the
clerk wheek a bribe in order way. to procure she exchange of a French Me Fax: I wel like leave to make pomero-way before a otural few remarks on that; I cannot see time. That won had no, power to why mywelt. exete prisoners; the only thing la conlit des was to recommend the prisoner to a person in authority, He was convicted for receiving present case was that the man wont behe, The enly difference in the el permit.
Mr. E. . . Wolfe, C.S.P.: He is on the charge-sheet. I do not see why he shoub come chit of the deck. He charged with the offends your by false pretences, Worship suggested-obwining money
und that the decision given was wrong. The Migistite knew that the dew as regels false pretence was very intrante how indeed, and in- vodvedla number of things which to they hal word not appear as Luke Peerenves thigh it is such under law. The definition of the KEETING A DISCHARGED MAN word berberys the rat muce Lus: " Brite "includes any fee, per päsite, reward gratifications, whe As privily reported in yesterday's Facts or receivable by law."
ther porntiary po charwise, tax pay. China Mat, Mr. Ch. Ft. Wakonnte quite dearly the che so was This Crown Seletor, aparat befive Mr. N. Smich, at the Magistareyk..
ne the pagubie or receivable by Sevenf the Oakance Festerday, and upped for a rehearses the Happy pride servans was doing an injustice to the other pris 3. Suid: He was definitely in while the No. 1 come of a PW.D., who was cept or attempts to abtula, er causes There is no evidence that the man necepte en ihtoline, e aves to tesoners who had a priority of bulan cused of receiving a beribe of 500 was or prestes a la obtained from any was keeping angiely else's pernit discing? by the Magistrate on the person, whoher by himself or by any bubind
and thus there could see any other person and whether for t
thing te delen of any other persen. try to integrity and hostyuplicating his decision, but weudet dant's which as he had powers | bribe with a vien
M. M. X. Lo watched the duet as a perivie wevant, 17, Finster, tienen! Onkom, thy or the
to bene liste allowel to take jooyse ke to state a crise," on helmit of the defendant.
..
Mr. Wakenun: He
revolution
“The existence, adkhuced, at the first; integrity, tre des or to vault try cheang mo lawing, briefly, was to the feet wet, half be culty at a misclismetn that deferant, who was employed! **
was atbings
Mr. Barth rearked that the pre- Mr. Wolfe: He is on the charge- sent applications was for à re-beuring.
is in the deck. sheet now: I toaintain that his phice
༔”༽
Punan, however, was taken pub xf the dock, 19
Mr. Sasibh served that he was
Mr. Do that there were stu timah, bee should be fur two things heureuhh like to make [odetur. The Magistrate would re- Mr. Sudtic repled that she enters member that the defendant was die- under Air. JC Mackay. Band F's unissen was that the man's He cold to say what not the tin prosecution, and not by the defence, ; Filo nen say anything about honesty, changed on the Acts given by the Bl of the BW.D., received a object în tuking the So was that he undertook to do brid și frew a' bustinere Byfer (and vernein intueme in the depart. |
russion that there was en Shuship on the understanding ment, as ill the passengers bad.
Mr. Wakeman: To expedite the jho ons" to answer He did not want zust be wrikk spedby the bar The first thing that un appunt
bisen of in petrisit;
the use to go to the Supreme Court a pommit kara ples of land for which were six when he went to use udice to honesty.
Me., South Plus be not, contury jamd thus bet the Full Court there application had been made in vain, weukl be to speak to the men misting
Ideal with the case as if the whole for some time. that as the defendant was nesly. The next prowedure would be y adher
Mr. Per pottendel entsche risk Say: E was perhe Online would be a dead let the defence was concerned.
Mie. Wicketmen: It obserwise | kots had been some into as far as avise be laul no power wis els crinkle che Eck on duty and re
wanted it made clear that they deck be instance by the revcipă o put the leniter, and greatly what is the crimmat net
Mr. Soth: 1 kos azwe na akon given in that case was on his bribe, even if snels an allegation were bould go betone the Fend of the P
subrusion that there was nothing to 1 His dent, bomo vers deuled Deportest. W this ret inthenes has hurt.
Mr. Wikman: Taking the money,wer. If the Supreme Court up-| hold the Magistrate's decision is f of the $a wit's a few to portug the et Mek
that la poéved the money bribe: it was Juerely ben
teekk to do
He
of
Mr. Nevith: Taking the money fejtent would be entitled to be dis .... “Mr. Sath deliver the hallelu
with a view to do an illegal air, jeharged; if it dich mot, he would be judynek find that thi parmentis,
3. Suth: Het is not doing anWest is the illegal sets under-entitled to be dealt with by the Ta los sititientia pried ang Bummer net of en rincar or manis His duty is to go su at once, with wit Mr. Wakemanet That is it exactly.
Magistrate. He wished to make ope Mr. Waketima: It is disfunesty, fer two suggestions in the hope of shin for the drug of warsh Thylling the man for $5. It is outgulations to take money.
because he is willen by the re-improving the administration Taney in quistion was given her to the rules of limesty.
justice as illustrated in the present. was part of the defemkin's duties
Me Suith: Innot eve what lease. His client was deberged by tot ip the expediens isting: would be a good thing in this, ens vonalration of the tutney,
Mr. Smith: It is to me interest art he intended to commit in the Magistrate on Friday, and he of poorals, and to recite procals of your world get away from that al-
It isntumlis expected that the man or inner merely in rerum be the epite of these nissant core very intertunt point.
would be allowed to go free. This police of performing this parties to it que by wine with a paralleled. practically the white of the
Mr. Wakemin: It affects, us man was apparently detained for the fagy, however reprochetaelide it might reset Home. For stage, if any sigh abante Service. Ex in a polie servant, is vertainly one of us were going away few a holi-
or bribery wishin des feuig City and we gave the pediatr hulled the law otherwise. the Online Thai bat eonse.jaerow I ox sprinkly niter a
IE I there
whole of Friday and when be Mr.
Loy went to see the CS.F. he was Mr. Smith: I am se I cannot to that reun was still being detained pending consideration of Mr. Wakethou: I submit it is the case by the proper authorities leonest. He is Government seryans us to whether an application should id he does a thing wifch he is actu-be made for re-hearing or top a alle forbidden to do.
ise to be stuted.. The CSP bad
uet?
the upfenton that if the money he would that be a briber
not path delays might result, į but it was clearly proved that it was
3. Wolman: Yes, stretly in tom Rialedge to the coups de is to write to the Head of the low its bribe Wint might aut ask orbers that defendant and ask is to keep ait ex reting of the Denance, as I read this an application for a detention A pitle: Bribery within tice: intuneeb to him that in the mean- little authority in sui natte15. T therefore, dschurge, the defendlines. ng the fees or can walk arming fit, is doing some dishoftest act of any warmnt, unvier the Deportation Or-
When the decision was given Mr.
for a tad to move the pliže rat contmiry to one's duty as a dimnge, wont be made. In those T. I. Perkins, Assistant Director of Pagtuent,
servant. What was the art he instances he (Mr. Lo) saw that Public Works, disungured with in 10 Mr. Surth: Suppreing an apport undertook to do in consideration of it would be des attempt to
Mr. Wakan, yesterday, state ant telemon we mansg to me and receiving $5.
Pobtain the man's freedom. What that the reason to the present aps had to enteli a rekin.
Mr. Waketin. He undertook to should have happened was that the pleather was firstly, that the devis to pay sixpence to a telemaan bay get a permit.
num's maine should have been put Abe ation by the Magstride, when to bring the tieron to the at gade Mr. Smith: Is that a dishonest on the charge-sheet immediately on diselarging the mak was wrong in world that be a bette
fanother charge, Thu. fuan was dis- Jon; tand, secondly, the great int
Mr. Wälm Strictly speaking Mr. Waker: He should not charged by the Magistrate, and, how. pertale of time derision as rafelt the duty of the reign by the money to do it.
ever much the Police thought the ed practully the whole et de sub- jis to deliver in as quickly as possible, t Mr. Shich: You are ging, sound dreision was wrong and however ordinate serve of the #logy, He
Mr. Suite: Theos you se paying and mount.
much the officers of the Crown and taken the w as reported in han for desing lis duty,
3. Wakenaan referred to the case thought it wrong. It was their duty the Daily Press. He did not know Mr. Waketan stated that the fof a nun offering the Duke of Graf-to abide by the decision. They hid Whether the Magistrate would access boy's business was to convey the top 5.000. in view of getting his no legal right to detain the man. it as a correct import,
telegrams us quickly as possible in a catan appointment in Jamaica. Mr. Susith Fathuster that the role onder issuel, 1 a boy had two The others Patent and to be signel part was pourdeally erect, except telegrams to deliver, and, receiving by His Majesty. The Duke had the that the fuper fund shen a great deal sixpence, delivered one
telegram nkan indicted, and all the Judges Store of Mr. Mackay - evidence in Belem the other ecuatro of the hell that he was guilty of offering The telera wis notes, by dign it want amount to a bribe. The present case was exact- Then, was a Pentsiderable attire.
By similar.
Mr. Susitis remarked that the Pak Iwns offered £5,000 to influence bis
talk on probiotis porsecutione, daut he j id not takers a note of that.
Mr. Suth What all let mas boss, tim, etc."
Mr. Warketman Sar of that Mr Loj Mr. Woken: Everybody knows feousbet in regard to the securing of And resourient tiet he was there so than ijs are given at Home. Cudder a certain appointment which he had defend the cng, charge of révising a the Post Office Ordinance postmen (the power to bestow.
re allowed to reveive Christmas
x
Mr. Wakeman replied that he
ld not see the slightest difference
M. Samith: Well, I think the pre-between the two case. pent ense is exactly parallel to the
Mr. Smith: There is a difference.
be of $5, but the prvus in stars were simply dietaustances leading to the acceptance of that $5, and thereker, thecessary to proves
Mr. Shut That there were sus lebgray bg's man I have just re- In the case cited the money is given patients against this non and that ferred to. You want a thing speel to the Duke to influence bin in doing he had actually neceptek previous quickly done and you give mufa arshonest net. Here there is no
Luoney it, me for delaying, orfene thing.
Mr. Wakeman remarked that, as holding up another telegut. You Mr. Wake: The coolizin ques pond in the Press, the grand merely giving ban honumum tion knows perfectly well he cannot krth Magnates diction was to do his job.
do anything. Yet he asks for 5 to alt fendant himself bed no power Mr. Wam: Her any other get the penit. to levue permet and therefore that Gio cemuaint servant is forbidden to any money he took was not with the feceive the they,
tention of influemony W's conduct. Mr. Saltbe Ex it orite?
點
Mr. Stuth It was not exactly Mr. Wakeling Serietly it is that. It was a fact that be but ferite, An is not allowed
ker the noney Fre what he had jucerpt it under the dat iex prind to do. What was his job Mr. Sith: In that case the Ord to do? That was to get the permits name is not expressedy jaid 'out. becued as quickly as possible.
Mr. Wilkenin: That's jus; why
to
M. Saidil The complainant pays
bad-yearly for his permit.. Mr. Wakeman: I don't know whe ather that was for another permit.
Mr. T. L. Pericians, who was pre- went in Court, said: He, has a permit for which he pays $4 half-yearly. It is a permit for a fresh place; it is an
Mr. Wakemon: That, Jurmes extension of a permit granted pre- Hood have gone into the Goveni-virusly,
re
I suggest that your Wordip was ment's pocket.
RTDA.
Mr. Wakeman referred to
THE
(Continued on Page 8.)
TO-DAY'S ADVERTISEMENT.
HONGKONG, CANTON & MACAO STEAMBOAT CO., LTD.
M
RJ. ARNOLD has been appointed
Secretary to the Company,
By. Order of the Board of Directors,
STANLEY II, DODWELL,
Chairman.
Hongkong, August 19, 1919.
TO-DAY'S ADVERTISEMENTS,
MATINEES
AT THE
VICTORIA.
TO-MORROW & THURSDAY.
TO-MORROW (5.15 p.m.)
“HINTON'S DOUBLE” A CAPITAL. PICTURE WITH THE WORLD - FAMOUS ACTOR, FREDERICK WARD, IN TITLE ROLE.
TO-MORROW (5.15 p.m.)
"BULL'S EYE"". EPISODES 9, 10 & 11.
PUBLIC AUCTION.
Undersigned have received In- stractions to sell, by Public Auction, (FOR ACCOUNT OF THE: CONCZENED),
.00
FRIDAY,
August 29, 1919, at 10.30`s.m., at their Salsa Rooms, No. 8, Das. Four Road, Corner of
Ten Flouse Straat, USEFUL HOUSEHOLD
FURNITURE (Removed to Sales Rooms for Convenience of sale);
And
A Quantity of LINOLEUM (NEW).
TERMS:---Cash,
HUGHES & HOUGH,
AuctionESTS.
Hongkong, August 19, 1918,
NIPPON YUSEN KAISHA.
NOTICE. TO CONSIGNEDS.
FROM EUROPE AND STRAITS.
THE Company's Steamship, THE COTA MARU,"
baring arrived from the above Ports, Consignees of Oarzo are heroby informed that their Goods are being landed and pinced as this risk in the Hoxoxong & KOWLOON. WHLzy & Gonows ČOMPENT'S. Gooowns at Kowloon, where sash consiga- ment will be sorted out marc by mack
the Goods are landed. and delivery can be obtained as soon se
Optional Goods will be carried on unles Instructions are given to the contrary bed tore Noos, TO-DAY.
Goods not cleared by the 25th August, 1818, will be subject to rent.
Damaged Packages must be left in the Godowns for examination by the Cop- signee's and the Co.'s representatives at an appointed hour on TUESDAY and FRIDAY. A claims must be pre sented within ten daya of the staamar's arrival kore, after which date they cannot
be recognized. No slaisas will be admitted after the goods bave left the Godowas.
NIPPON YUBEN KAISHA,
Agents.
Hongkong, August 18, 1919.
TO-DAY'S NEW ADVERTISEMENTS.
OWING TO UNFORESEEN CIROUMSTANCES,
THE FIRST PERFORMANCE
OF
OF
power. My submission that it up of etsex which caue beforevious hearing, to the effect that if a "HEARTS THE WORLD"
||
This man had a certain i Fang, Mr. Wakeman cited a Magistrate's statement at the pre 66 was bribery.cortinuing, Mr. Wake the Hora Comets. Ird Justice person liked to offer him, a $20 Tee mn state that the decision mount-or's deation of a bribe was for hearing a case it was not bribery ed to this: that practically the only giving a public servant money with because that would not induenes his people who could receive bribes were je Vew to influencing him to not in action. the Heads of Departantat. For a favour of a certain transaction, keep- Mr. Smith replied that he had stance, the CS.P. issued a numbering the giving secret, without the been inaccurately reported by the of permits, and the decision would consent and knowledge of the prin Press. It coutured to him at the suean that none of the subordinates digil of the Department."
That meanest His duty was to try u wise accepted money consider as bribery within the meaning of case. Supposing somebody came up tions for an expeditions issuing of the law. The present case," add. to him and gave hire $6 and said: these permits would be guilty of Mr. Wakeman, is very simi. You go on trying ones."! receiving a bribe.
lar,"
was not bribery. But if somebody Bir. Smith stated that the money gave him $5 and said: "You go on
Mr. Smith remarked that if a polcran received-$1 from a gam ber, as a present, he would not be guilty of bribery.
4.
Mr. Wakeman replied that, on a
was given with a view to encouraging the man to do his duty.
Thut
trying & case in a certain way, that would be bribery.
is POSTPONED until
WEDNESDAY NIGHT.
Mr. Wakeman pointed out that Mr. Wakeman Your Warp Trade Returns for the 2nd Quarter, 1919
Iked Justice Romer had observed must assume that the money was
matter of fact, permits were check that the Court did not require to go given to influence you
d. Supposing, the C.S.P. signed into the motives for giving the money Mr. Smith: A man may come
[J
doing my job properly.
Mr. Wakeman: I have nothing
the merits sed give them to his or to allow any evidence concerning and give me a present in virtue ofOMPILED by the Statistical Branch of the Imports and subordinates to deliver. These men the motive.
Exports Department, containing full particulara received legal gratification for their Mr. Staith: Does the more object
of Exports delivery, yet, acending to the dedi of giving influence the person? more to my. I have put the matter to and Imports from every country showing the total quantity and Aion, from the D.S. P. downwards the Mr. Wakeman replied that the as strongly as I could... subordinates would not be able to money, had been given without the
Mr. Strath: Well, I am afraid 1 the value in sterling for each commodity Price $8 per persecution because they did not, consent or knowledge of the Head cannot read the law in any other way actually sign the permits.. of the Department. The man should than I have already done. When I copy: 750 pages.
Mr. Smith remarked that if a man have gone in to the head of the considered the question I had not Je tended that he had power to have Department and reported about the seen the learned definitions" giren, permite or not as he thought fit he permit; instead of asking for $6. I think I must uphold my decision. world be charged with having re Mr. Swth: But he has done that
"eeved money upder in se pretences. for ten yeaza. ...
Mr. Wakeman reiterated that be toplying for a re-hearing on the
Mr. Wakeman pointed out bost this was a case of issuing a new per
Mr. Wakerma: I make an appkos- tion to state a caselog'malando @kas
Mr. Smith It is "s most important point of law.
Noronha & Company
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