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TOYS OF EVERY DESCRIPTION.
BIRTHS.
DRAKEFORD.---On December 14, a Ki Foo Chu, Mukden, to Mr. and Mrs. F..J. Drakeford, a son. FOTN-On December 15, at Shang- hai, to Mr. and Mrs. M. Foys,
MARRIAGE.
FÖRREST VALENTINE. — On December 16. at Shanghai, Colin Murray Forrest, to Flor ence Mary, only daughter of Mr.
DEATH.
TOONE.-On. December
Shanghai. Emma, Ruth, wife Aubrey A. G. Tocne..
The Coin
Jail.
accept, namely, that God is good..
▪་
NO
MAIL,"
theirs) the truths of Christian Science,
at error. These thoughts are good, and
THE CHINA MAIL.
that Berkeley was the parent of the idea which is the nucleus of Christian Science. It is unfortunate that what we call the common.d. sense" of ordinary men seems to give the lie to his undoubtedly logical proposition that all know ledge of objectives:
។
LOCAL AND GENERIL.
To-day's dollar is worth 5.
Last week there were 4 cases. of diphtheria, 3 of enteric, and 2 of c.s.. relative fever. Nothing since.
to the subject. Leibnitz, when.
he asked if the soul had windows,-] A practice dance in connection seems to have hovered over the with the St. George's Ball will be Christian Scienca netion of the unity | held at the City Hall this evening. of mind. William James, the psychologist, uses that very illustra- tion, and represents the divine mind as" coming in" Hike light. We hope last night's lecturer explained whence comes the error that is not light, and not divine. We cannot,
OR MIND?
The opening of the Repulse Bay Hotel will be celebrated by 1 Ball on the evening of January 1st next.
Mr. E J. Grist of Mesars. Wilkinson and Grist, returned to the Colony by ss. "Empress of Russia," yesterday.
THE "CHINA MAIL" CONTEMPT CASE.
TODAY'S PROCEEDINGL
Adversaria
The summons against G. W. C. Burnett, editor of the China Mail, to answer for an alleged contempt of Court contained in certain paragraphs under the heading of in the issue of December 11 was con- morning before the Chief Justice, Sir tinued in the Supreme Court this William Rees Davies, K... and the Puisne Judge, Mr. Justice Gompertz.
Mr. C. G. Alabaster, O.B.E.; instruct- ed Mr. C. D. Wilkinson.
a
TUESDAY, DECEMBER 29, 19109 *
If he had never thought it would
· prejudice the case, -
Mr. AlabasterMy argument is [this-that it is for the Crown to show
that the trial would be prejudiced..
His Lordship ---On the other hand it is for you to show caus..
GOVERNMENT HOUSE NEWS.
(BECOND HAND).
His Excellency the Governor was
Mr. Alabaster showed cause the guest at dinner def Saturday why you should not commit. In evening of Lieut-Col. J. R. Wyndham these cases the Courts do not commit and the Officers of the 2nd Battalion unless in this class of contempt it the Duke of Edinburgh's -(Wiltshire) can be shown the trial will be pre-Regiment at Murray Barracks. judiced.
His Lordship Of course these THE FAZILKA'S CARGO. cases differ a very great deal in Pravity and very oftan a nominalfice
A correspondent writing from The Attorney General, Hon. Mr.or rebuke is administered.
Mr. Alabaster: You have to be Negapatam to the Madras Mail with J. H. Kemp, K. C, CB,E, with the Crown Solicitor, Mr. G. H. Wakeman, satisfied in your own mind that the reference to the grounding of the appeared for the Crown, the defen-ria-I am assuming that there was Fazilka on the Nicobar Islands ex- dant being represented by the Hon. Holle prosequi-would be pre presses some concern about the fate
judiced.
of the ship's cargo generally, but mogu His. Lordship: I think that particularly in regard to certain would be prejudiced if it had taken parcels of sovereigns which were on place because at the time the article board the ill-fated vessel and con- The second trial was called off. The states the Madras paper, that there was written it was actually pending.signed to Karaikal. We understand. first trial ended in the way that your is not much probability of any of the Miss Gurner, a niece of Comma. complained of merely refers to a com client suggested it ought not to. It cargo being salved, but we have ng- certained that the parcels of sover- dore V. G. Gurner, arrived in thement on the reporter's version?
eigns, or some of them at any rate, Colony yesterday by the "Empress that of Russia" and is staying on H.M.S.
were recovered and are now in the "Tamar".
custody of the Collector of Sea Cas toms, Madras.
A meeting of the Royal Hong- kong Golf Club will be held in the offices of Messrs. Jardine, Matheson and Co., at 5.15 p.m. today.
We went to the Public MATTER Gardens last evening to visit a white camellia that hasn't been feeling }. well lately, and after staying awhile walked up Feak Road with Trotski to see if the dryad still lived in the big tree towards the top. Just above the Priory we saw an fron plate which bore the inscription valve outflow 6 in" or words to that effect. It occurs to us that this P.W.D. device is a problem for Christian Scientists. That valve, unless we misunderstand the plate, is a contrivance which checks flow in one direction, but releases it in another. It acts like an intelligent human being without making any human mistakes. At one time it was an item of mind only, and had no The firm of Lane Crawford and material existence. The man who Company always has put out at this invented it, the man who made. it, season advertising matter of a and perhaps the man who put it superior kind. A sample to hand is there, have passed on. It must be a neat desk calendar, with inter- material, for there is no supervising changeable monthly leaves. mind there. It carries on all alone. Yet it must be mental, because it
both?
The Right Reverend Bishop. D. Fozzoni announces that all Cathelics in the Colony are dispensed from abstinence on Friday, December 26.
The Hongkong Tramway Com-- acts intelligently, which metal can-pany's traffic receipts for the Week not do. Ought we not to call it ending 20th December were $12,980, or $886 less than last year. The Against one fallacy the aggregate for 51 weeks was $737,530, Man in the Street must or $33,909 more than in 1918. be warned. One hears
DOESN'T COUNT.
("faith
cures" as
"
i
Mr. Justice Gompertz-There is question I should like to put to you, Mr. Alabaster, on this matter. You say that the comment in the article
Mr. Alabaster-It started off like was a pending matter.
Mr. Alabaster: At the date the His Lordship As a matter of fact,article was written. I will still say does the reporter's account substant! you have to be satisfied not that it was comment on a pending case but ally embody the evidence?
Mr. Alabaster I do not know, that it was comment on a case; of because I have never seen the deposi-such a nature as to actually preja tians in the case.
dice the trial if it came off. To actually prejudice it.
His Lordship-Perhaps the Hon. Attorney General' can tell us that?
Mr. Alabaster He has seen the depositions.
His Lordship: That is a question
of fact.
The Chief Justice: I have no hesita.
Halsbury to bring forward the point about civil cases.
Mr. Alabaster replied that the Judges had there stated that a mo-
discouraged.
The Attorney General-I do not tien in saying I think it would pretion for apology and costs should be know the reporter's outline.
Mr. Alabaster That is so..
judice it.
The Pulane Judge: I have no hesitation in agreeing with the Chief Justice.
The Chief Justice: It is 21
Mr. Justice Gompertz. In that case it was a private motion,
Mr. Alabaster:-I have the re- porter's account but I have not the
Mr. Alabaster: Does that matter? depositions, my Lord.
They were speaking of cases gener- His Lordship Perhaps we shall learn that later on. There is one article saying a man should never ally. I submit there is no case for other thing. At the time that the Anyone reading this article and The Chief Justice remarked that
have been committed for trial committal. article was written there was, as a matter of fact, a case pending before then acting on the common jury committal meant a formal bringing the grand jury. Subsequently to the may have formed certain ideas up of the party before the Court.
Mr. Alabaster remarked that he report being written and subsequent because of it. He is called upon to him sometimes refer to Information has been received ly to these proceedings, the grand try in this Court the evidence pro-was not abusing the Crown or at- the well recognized and admitted in Hongkong that Messrs Butterfield jury threw it out. There is no doubt duced in this Court and no evidence tempting to criticise them. He had come there to show cause why no influence of mind On matter and Swire's steamer "Kaifong "*
at the time the article was written anywhere else.
Mr.. Alabaster : proof" (Captain Jones) is aground near
There are only committal should be made and be there was a case pending before the of the truth of Christian. Science. Hongay. One of the Taikoo tugs grand jury and possibly before the twe people to be prejudiced the submitted that the authorities he Well informed Christian Scientists left yesterday to render assistance.
prisoner and the Crown. It is manicited showed that their Lordships. common jury, will net
fest that the prisoner would not be should not act thank him for that,
The Chief Justice: Perhaps it is because Christian Science dismisses
At the Choral Eucharist at St.
His Lordship:-Do you really say prejudiced. matter altogether.
disirable that we should give a short There is no John's Cathedral at 7.45 am. on-I think it is your case-you were
The Puisne Judge: Oh, no matter for mind to influence. There Christmas Day Adeste Fideles will not commenting very strongly on
M. Alabaster: ..
..and there judgment. We do not think it neces- is no matter to be ill or sick. Mind be sung during the procession and the evidence and saying there was fore it is the Crown. 1 submit that sary for the Crown to answer. In
the event of the Court imposing is all there is, and the idea of introit. The Kyrie and Sanctus will no case on which the magistrate the Crown cannot say that such an illness is a sickness only of the be from Stanford in B fat and the should have committed and there article can seriously hinder them small fine do you intend to ask mind, an error, a delusion. There service Merbecke,
fore, a fortiori, there is no case on in the presentation of their case,
The Attorney General. No. is no blood, no bone, no flesh.. There
which a common jury could convict. Or would make it more difficult
The Court then wise. are no stars, no earth; there is no
for Capt. R. A. Williams, M.C., B Sc., Surely it must follow?
them to lay those facts
THE JUDGMENT. beat or cold, but only thoughts or RE, of the Electricity Department,
before the jury, which they must lay, ideas of these things.
Shanghai Municipal Council, returned
before they ask the jury to find an We do not know if to the Settlement with his bride (the
adverse verdict, GENESIS "Science and Health daughter of Brigadier General Baker RE WRITTEN. With Key to the Scrip- Brown, C.B., R.E., formerly of Hong
tures," has rewritten kong) on the steamer "Teiresias." Genesis or not. Perhaps some
of real, and true. But there is so
case, did not create great whales":
→ KROTH, JUSTICE, POBLE BESE."
HONGKONG, TUESDAY, Des 23, 1819.
ADVERSARIA
older "than
idea of seasickness, it must be under- stoed, is not an idea. It is an error, a delusion.
A perterschool of
the words
POINT TO BE CLEARED UP.
Herein is a point to be cleared up.
Capt. A. J. Anderson, R.E., and
Viscount
TENNIS EXTRAORDINARY,
Mr.. Alabaster:-He starts off by saying there was probably more before the magistrate and there very likely would be more before the grand jury but taking the story as it stands, he would not have committed, and the grand jury has thrown out. But he does suggest in the
article that there was probably a good deal more before the magistrate. He had no doubt that the magistrate knew what he was doing. He has the story as it stands and says there is not enough to commit.
His Lordship-Supposing it had turned out that the evidence was
The Puisne Judge asked Mr.
Alabaster if it did not seem to him they would not call the Crown on the question of fact:
Mr. Alabaster: I cannot see how any prosecutor can say he was seriously prejudiced.
The Puisne Judge: There was a
costs?
The Chief Justice read the follow- ing judgment..
In our judgment these articles tezd. to obstruct the administrazion of justice and therefore constitute a contempt of Court,
In R. v. Parke 1903, 2 K. B., 432 it was held that when a person having been
charged before the Fetty Sessions with an indictable offence
the
Its complementary axiom is that an all good God cannot permit bad. It therefore follows that there isn't any bad we only imagine it reader will oblige us with the foam Lieut. Chapman, have returned to
Crown would be prejudiced?
Mr. Alabaster: You think the What we imagine of bad is nearly of a copy.] We assume that it always associated with matter. ought to have done this.. In the Shanghai after a lengthy period of
His Lordship: I think so.. There ig 10 matter, Matter beginning, when (as Low) only Mind War service in Mesopotamia. Capt,
The Chief Justice: I think the triable only at the assizes, matter is is an error of mind. Cleanse the was, and the earth was without Anderson saw three and a half years,
Crown may be so.
published in a newspaper tending in mind of error, and the bad (which form and vold (that is to say, not service with the British Forces, and
interfere with the fair trial of the had no objective reality) disappears. even existing in mind) Someone was mentioned in dispatches by Gere
charge, the High Court has jurisdic The mind of the writer originated the idea of the heaven al Maude on November 2, 1917.
tion to attach the publisher of such matter for contempt of Court, not- CHINA of these notes is not and the earth, of light, of the firma
At a Meeting of the General substantially the evidence on which case many years ago in which I was withstanding that at the time of the ment, and so on. Genesis, that noble an individual mind it poem, tells us with eloquent sirapli. Committee of the Hongkong Boxing he was committed, surely it is taking a note for counsel and the publication the erson charged had
а city that God made the firmament, Association held on the 22nd inst, comment on pending and "Mrs. James Valentine, of divine mind. In passing on to other that He made two great lights, and Sir William Rees Davies in the chai, No
case? Daily Mail published an article not yet been committed for trial. doubt it WES Shanghai.
Now innocenty when a writ cf habeas corpus had
the case before us component parts of the universal that "He made the stars also." Do it was decided to hand the sum of made and in the belief, no been taken out by a certain 1s an fortical one. 23 mind (what the readers claim as the Christian Scientists interpret this £100 to the Captain Saperintendent doubt, that the magistrate having young gentleman who had been person charged had been committed to mean that He made the idea, the of Police to be forwarded by him to disposed of the matter, it was finish kidnapped by his mother. The for trial when the articles COM- the writer does well, and is not in illusion, of these material things? the widow of the late Warder Speed.ed and he could comment on it:
we suppose they must. God, in that 15,
Daily Mail in that article plained of were published.. He had Mr. Alabaster My argument poisted out in strong language still to come before another tribunal Acheson "arrived inwent a great deal further than that; that it was something unheard the Grand Jury-in this case re- China Mail, no type, no printer's He created only the great and errone Shanghai last week on an extended it would have to be comment to pre- of that a young man of his agepresented by the Attorney-General ink, no material paper those are illusions of mind, just as was the ous idea that there are such things; tour of the East. He is the eldest judice a trial.
should be kidnapped by his mother li now appears that the Attorney: building in which the lecture was smashed by the
and when the whaler's frail boat is son of the Earl of Gosford, and ig His Lordship: If you tell a jury for social reasons, while the case was General subsequently to the filing of dying furry now in the Reserve of Officers, hav no man should be committed on pending. The editor of the Daily this motion has decided that there is delivered, and just as was the pist-
of the beast, Its Occupants ing been Captain in the Coldstream evidence like this, is not that point- Mail was brought up before the no case to go to a jury. There is form on which the lecturer stood. are killed by a mistaken thought. Guards. He saw service in South ing out to the jury that the man King's Bench Division and he made therefore at the present time no trial This, philosophically, is known as They only imagine that they are in Africa and in the Great War, and should not be committed? Idealism, which is
the usual apology and statement and pending. But in our opinion this Christian Science. There is nothing because their minds are not clear
the icy water, and they drown holds the Croix de Guerre,
Mr. Alabaster: If that was the it was pointed out that the only has no bearing on the question whe- evidence and if the grand jury re- court likely to be prejudiced was thether the respondent is in contempt real in God's kosmos except ideas,
turned a true bill, the jury would be habeas corpus court. It was not or not. "The substitution of trial and all ideas come from God. The enough to prove to them that it is
ali a dream.
told precisely the same thing.
denied that the article was prejudicial | by a preliminary Court in the news- His Lordship: That is quite a
comment. A caution was imposed papers when a trial by one of the different matter.
and the respondent had to pay the regular tribunals of the country is Mr. Alabaster-It is not giving costs....
going on-s bad for the suitors and It we were not On Sunday afternoon the tennis them anything. In the cases I have Sitting in a tramcar
MONISH. philosophers have taken cription of the central position of cided on the Civil Service Club courts, facts were given about the prisoner an attempt to scandalise the Court. at 168.
Mr. Alabaster: Was not that a bad for society at large." Per Wills wrong in our des championship for the year was de already quoted on the last occasion, different type of comment. It was J.M.,re, the Finance Union, 11 TLR.: OVERHEARD. on. Sonday, after-
monist Christian Science, that the All-Mind B. W. Bradbury, the bolder of the which may or may not have been noon, we beard a monism, monistic, for their
The Pulsne Judge: No, it was We adopt the language of the voice that went on and on. When own idea, which is 19 good, and cannot tolerate error, title, and E. C. Fischer, a youth of provable, therefore they had prejudice simply assuming that the mother judgment in the case of R. V. Davies
that from the endless drone of it we be matter is the central fact of the where originates the Error whose 17, whe looks younger, were the They gave the previous history and was guilty of kidnapping her son, 1906, LK.B. at p. 35, a judgment of.
existence, they admit? If our minds finalists. gan to hear articulate sounds, this kosmos, and that mind is a are but parts of the Al-Mind, and clever young player took the first two previous history and convictions are any comment whatever on a matter decision lu R. V. Parke as follows
Eincher, a remarkably previous convictions and you know and the Court held it could not have the Divisional Court confirming the was what it was saying. "So as material phenomenon. It is obvious our minda entertain Error (as we sets. Bradbury won the next 63. not adessible, but in this instance that was pending decision. soon as I began to feel bad I took at а Flance that Christian half of the first bottle. Nct feeling Scientists are as fully entitled, if not tradiction of the preposition that the out. Fincher gained the lead 4-2 but sumption of innocence.
Our judgment in Rex V. Parke (1) know they do) is this not a con- The last set was stubbornly fought it is a mere disposition on the pre- better, I took the other half. I felt more so, to call their philosophy All-Mind is All-good? Are
Mr. Alabaster: It is the same applies. We adhere to the view w bad again, and took another half, monistic. The Pantheists, who driven to a new form of Manicheism, the next two games and the cham took the whole of the evidence and
we Bradbusy drew level. Fincher won His Lordship Supposing they case as I have, stared where there expressed in that case that the ph That didn't mend me, so I took some further and exclude both mind and a theory of two universal Minds ? pionship, 6-2, 6-4, 3-6, 6-4. For so said that no sane jury would convict something tending to indicate that the case after committal, although at has been a presumption of guilt or of the Court which ultimately tries lication of such articles is a contemp: more. I presently found that I had matter from the fabric of the un- May we hope that the Lecturer will young player Fincher displayed any man on that evidence, would not the person is guilty. drunk four bottles, without any known Ultimate Substance, are also be persuaded, in the interest of Light clever tennis, being cool and ap that prejudice the tria!?
the time when they are published it bencft. They say that sea-sickness monists. It is clear that among all and Truth, to answer these simple parently not at all affected by the
Mr. Justice Gompertz stated that cannot be known whether there will Is in the mind. All I can say is that these people we plain folk (who think dificulties in equally simple terms? importance of the occasion. There the applicant for the committal to dents pointed out that the man could dency is to poison the stream of Mr. Alabaster would be for in the Tichbourne case the respon be a committal or not. Their ten- that isn't where I felt bad. My mind we have minds and stomach aches) We shall be glad to give him the were many among the spectators convince your Lordship that this not be anything else but innocent. justice in that Court, though at the
need some guidance more helpful This person should than is to be found in the old class-same length of spice that these who were so much impressed by comment would prejudice a trial. That man was given a heavy time of their prablication the
simple interrogations occupy. HIS FALLACY, have attended last room jest: "What is mind ?" "No
Fincher's play that they ventured to, The Chief Justice-You discuss penalty.
stream had not reached # night's Christian matter." "What is matter ?" "Never
predict his winning the club cham-the matter, You say "that. is. in
Mr. Alabaster There the object and as such articles are calculated to didn't mind."
pionship for an indefinite number of favour of the theory of innocence seemed deliberately to obstruct No interfere with the power of the court years to come, with the Colony's though i: does not prove it. But the one could contend that these articles (whatever it be) that tries the case championship quite within the range cumulative effect of all these things are written by a friend of the to do effective justice, it is a con- of possibility.
was overwhelmingly in favour of in prisoner
tempt of any Court, which very well Mr. Justice Gompertz remarked may try the case,, but in fact does (Because I think, I A charity Football Match will be
nocent presentation. Had we been really exist) is displayed on the Hongkong Club.
magistrate we would not that there were various degrees of not do so, as well as of the Court The seasick passenger only imagines counted by Christian Science, and Ground, Happy Valley, by kind per HONGKONG JOCKEY CLUB. have committed the man." That contempt just lange were various which actually tries it."
we venture to think the mission of the Hongkong Club, on
article is read by people in Hong- degrees of manslaughter.
We accept the apology of respon kong, one or more of whom may Mr. Alabaster: Even so, the condent and also his assurance that he serve on a common jury and he tempt is of such a triding nature had no intention of prejudicing, the reads that article and the whole of that the Court will not exercise the trial of the accused person. those facts come back to his mind jurisdiction it has. I have given cases. The principle of course is that a when the case is brought before him on that, that unless your Lordships man is responsible for the natural and he may come to a conclusion can feel that you must interfers you consequences of his acts: and a duty beforehand either adverse, or other are not force to interfere is placed upon the editor of a news- Mr. Alabaster Is there one word have quoted are not analogous of matter which may interfere with The Chief Justice: The cases you paper to refrain from the publication Some of them refer to civil actions the administration of justice. that would affect a trial?
Mr Justice Gompertz That is which were pending. not the point. It is an attempt to
wasn't seasick."
Science lecture. We actually go to hear it ourselves; but we know that the lecturer would, or could, explain quite honest ly and truly that sea-sickness
is felt in the mind, and nowhere else.
(with his mind) that the beastly feel
The famous prin-
DESCARTES, KANT, AND
ciple of Descartes,
cogito ergo aum"
SPINOZA
a ship, and sees to sea. All these strates itself. "It thinks, ther fore things exist only mentally.
FOOTBALL NOTICE.
RESULT OF YESTERDAYS DRAW,
ing occurs lower down, where the Christian Scientists are right and Friday Dec. the 26th, Kicking-off at Chinese used to locate the intellect. Descartes wrong. The thought does 3.30 p.m. As a Christian Science fact, the pas not prove the existence of the The match is for the Final for the senger hasn't got a stomach, isn't on individual thinker; it only demon- 6th Submarine Flotilla Cup,
Admission to the Stands will be 50 Two ponies which-arrived in the it exists," would (we conclude) be cents, and a collection will be made Colony yesterday on the Sinking Like all the best doct the Christian Science rendering of on the grounds. The proceeds will be were drawn for at the Jockey Club rines, Christian Science "cogito, ergo sum." Kant is held given to the War Devastated Ares les last evening, with the follow THE DOCTRINE, is so simple that chil- | to have destroyed this idealism when of France. Fund.
ing results- dren can
understand. trying to destroy the empiricism of The Cup will be presented to the
1-Gray, Mr. Wacon, it. Indeed, except ye be as little Hobbes. Spinoza, a clearer thinker winning team immediately after the children, there is no chance of your ❘ than either, abolished both mind and † match.
“getting the saving knowledge that it matter so far as argument-is-con- Referee, Mr. F. Black Hongkong
offera Its first prebias we all cerned. It might perhaps be sald Football Club.
2. Bay, Sir Paul Chater,
WALLA WALLA MOTOR boats
are built for your service:
the
wise.
..
Mr. Alabaster replied that he had try a case by the Press, although tried to show the various cases and innocently no doubt but be must how they were treated. take the natural consequences aren The Chief Justice next read frorá
The learned Attorney-General is not asking for the costs of the Cron
In our opinion the imposition of
moderate fine will meet the justice of the case and we impose a fine of $50