January 23, 1895.7
body at this moment, succeeded in routing them, and General Sung was obliged to retreat.
REUTER'S TELEGRAMS.
LONDON, 21st January.
The Japanese troops have defeated 17,000 Chinese near Hai-cheng.
The Japanese ships are bombarding Tong. showfu.
SUPREME COURT.
16th Jannary.
IN APPEAL.
BEFORE THE FULL COURT.
TÂNG KIT SHANG V. NG PAK TO.
This was an ex parte application by the plain. tiff for leave to appeal from th› judgment of the Summary Court. The point in question is as to the validity of an obligation mulo by a minor, and whether the provisions of the Ordinances of this colony relating thereto were intended simply to indicate methods of procedure, in certain special cases, or whether they were intended to create a new law. The point boing so important, the Court decided they would parimit each side to present its view of the interpretation to be given to the Ordinance in relation to the home laws.
Mr. J. J Francis, instructed by Mr. G C. C.
CHINA OVERLAND TRADE REPORT.
not propose to try these three again for murder. I think the ends of justice would probably be met if I tried the three for robbery,
His Lordship-I think yon bhave exercised a wise discretion.
The case was then formally adjourned until the next Sessions.
21st January.
IN CRIMINAL SessionS.
BEFORE HIS HONOUR Mɛ. A. G. WISH,
ACTING PUISNE JUDGE.
THE POLICE AND THE MILITARY. On opening the Court the Hon. W. M. Good- man, Attorney-General, said that if his Lordship pleased they would proceed with the trial of the remaining three prisoners in the Winglok Street case, ou the charge of robbery.
His Lordship-Very well, but I should like to know at the same time if you intend to proceed to-day also with the case of Rambaz, for I see a number of the men of the Hongkong Regiment in Court and it is useless for them to wait here if the case is not to be reached to-day.
The Attorney-General-No, your Lordship, I do not see how we can take up that case to-day and would ask to have it set for to-morrow morn. ing at teu.
His Lordship (to the Interpreter)-Make the Master, appeared for the plaintiff, and Mr. announcement to that effect in open Court. (To H. L. Dennys for Ng Pak To.
LI HING & Co. ▼ SHIN KEE. Mr. Francis, instructed by Mr. C. Ewens ap- peared for the plaintiff to apply for leave to ap- peal from the judgment of the Summary Court. The defendant had vicate the premises No. 75, Praya West, but had left a sub-tenant on the top floor. The owner of the property permitted six months to run and then sued the defeudant för double rent for that period
The pointinvolved in the application for appeal was whether the landlord had had knowledge of the sub-tenant remaining (and whether he had practically given his consent theretɔ, His Honour, Mr. Wise, in gising the decision in the Summary Court, thought that the landlord had had suff cient notice and had constructively given the requisite consent; but Mr. Francis maintained there was nothing in the evidence to justify such a conclusion.". His Honour, Mr. Ackroyd, differed from Mr. Francis, and agreed with the decision of Mr. Wise, and the petition for the appeal was refused,
17th January.
IN CRIMINAL SESSIONS.
BEFORE HIS HONOUR MR. A. G. WISE, ACTING PUISNE JUDGE.
THE WINGLOK STREET CASE.
The three men who were charged (together with two others who were found guilty and condemned) with murder in connection with the Winglek Street raid, and as to whose guilt the jury disagreed, five being in favour of acquittal, were again brought before the Court.
The Attorney-General (Hon. W. M. Good men), instructed by the Crown Solicitor (Mr. A. B. Johnson), appeared for the Crown, and Mr. E. Robinson and Mr. E. H. Sharp, instructed by Mr. H. L. Dennys, were for the prisoners.
the Attorney-General). How comes it that the prisoner Rambaz has been delivered over by the 1 know no police to the Military authorities? authority for such a proceeding.
The Attorney-General.—I do not know, your Lordship. I was surprised to find such the case and intended to investigate the inatter.
His Lordship.-Who is there bere in authority from the police force P
Inspector Baker appeared.
His Lordship-Take your prisoner, or you may be getting into trouble for not being It seems that on the 3rd able to produce him inst, after bis trial at the Magistracy and his commitment, he was handed over to the Military authorities
THE WINGLOK STREET CASE,
61
the Government would have gone up more than $10,400 if there had been a disposition to mo derate your claim. In all these cases we have been deciding, in not one single instance have the olaimants got what they asked, and they have all been calling out for costs.
Mr. Wilkinson-In all cases where damages were claimed they have always got more than the Government offered.
Mr. T. Sercombe Smith (who represented the Attorney-General) -Nɔt in all the cases.
Mr. Wilkinson-They have been compelled to come before the Board and have been compelled to incur these costs because of the small amounts offered by the Government,
His Lordship-Would you have been com. pelled to come before the Board if you had asked only for what you now receive? Suppose you had asked for $13,000 instead of $18,200. is it not likely the Government would have noooded to your claim?
Mr. Wilkinson-If I had asked for $13,200. the Government would probably have offered $3,000, going on the principle they seem to have adopted hitherto
Hi Lordship-I will give costs in these two cases; but this subject of costs is getting so serious we will have to take it into consideration.
Mr. T. Sercombe Smith suggested that it might be well to allow the costs to stand over ill the end of the cases, and then their amounts and relative merits could be better determined.
His Lordship thought the suggestion, was worthy of consideration, but said that the Board would allow the costs in these two o:1808.
HONGKONG SANITARY BOARD.
Board was held on Thursday afternoon. There The usual fortnightly meeting of the Sanitary
were present: -Mr. F. H. May, Captain Super- intendent of Police, in the chair; Hon. F. A. Cooper, Director of Public Works; Dr. Ayres, Colonial Surgeon; Dr. Hartigan; Mr. R. K. Leigh, and Mr. H. McCallum, Secretary.
DROPSY AND FEVER IN THE TUNG WAH HOSPITAL
Further papers on this subject had been cir- onlated. The following minutes were ap. ponded:- in
WAS
The trial of the three prisoners In Sam. Pun Fuk, and Pan Chiu, charged with robbery connection with the Winglok Street case, then proceeded with, and the following jurors Messrs. J. T. Lauts. J. A. Levy, were sworn :- F. E. C. Georg. W. K. Low, L. L. R. Spatz. J. B. Cousins, F. de S. Botelho. ⠀
The details of this case have already been published.
The jury returned a unnimous verdiet of guilty.
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Dr. Hartigan-The Board should press this matter on the overenment. We must know the number of i
cases admitted, what localities they came from, the nature of the fover (malarial or typhoid), before we can take steps to eradicate it. The Board in 189; was evidently of the same opinion.
done. The Tung Wah must be closed an a hospital or Mr. J. J. Francis-There is only one thing to be the Chinese must be compelled to put into it a pro- perly qualified medical staff. There are no other possible means of getting done what has to be done.
The Captain Supt. of Police-l'he committee that reported on this matter in August recommende that
His Lordship passed sentence of fourteen years' hard labour for each of the three conuts, the reports of deaths in the Tung Wah should be
the sentences to run concurrently.
TAIPINGSHAN RESUMPTION
TRATION BOARD.
accompanied by proper medical certificates. On the 30th August the Board resolved that a strong re- ARBI- above suggestion. The Board should now point out commendation be made to Government to adopt the that the steps that have been taken to secure the object in view are not adequate.
At a meeting of the Taipingshan Resumption Board held on Monday in the Chambers of His Honour, Mr. E. J. Ackroyd, Acting Chief Justice, the award of the Board was given in Claims 16 and 31. In the former Chan Wing was the claimant, represented by Mr. C. D. Wil- kinson, and in the latter Mr. V. H. Deacon, as trustee for the late Mr. Bottomley, appeared in support of the claim.
was $4,600, the amount offered $2,878, the amount now awarded $4,200.
The Attorney-General-As your Lordship is aware, the information against the five men in this case was for murder and there were various His Lordship said-In Claim No. 16 the other counts added at the end-robbery. At the amonut originally claimed was $18,200 (amended request of prisoners' counsel that information to $16,830), the amount offered by the Govern. was divided into two parts, one dealing with the ment was $10.400, and the amount now awarded counts which wore tried before your Lordship, | is $13,000.] In Claim No 31 the amonnt claimed and the other information which still requires to be dealt with. That was an information before the Sessions, and it will be necessary to ask your Mr. Wilkinson-I presume in the first case Lordship, as the other Sessions begin to-morrow, you will award costs? The amount awarded the 18th, to postpone the trial from this Sesis less really than the amount due to the mort sions to next Sessions, so that the witnesses | gagns, so in this case it will be absolutely neces may be bound over to appear on this new sary for my client, the mortgagor, to fight the indictment. I intend to proceed against case. $13,100 is the amount of the mortgage. these three prisoners-I think your Lord His Lordship—The Hongkong. Canton, and ship is going to adjourn the Sessions till Macao Steamboat Co are the mortgagees ? Monday-for robbary As regards the murdar Mr. Wilkinson-Ies, and no money comes to information Thaye thought the matter over very | my client. It will be exceedingly hard for him carefully, and I have come to the conclusion that if he has, in addition to paying the whole sam I will enter a nolle prosequi against these three to the mortgagees, to pay the costs. men on the murder charge, and I shall proceed His Lordship-But suppose you had accepted against them as being concerned in the robbery. $13,000. Therefore, as far as the murder charge is con- cerned as two men have bech convicted-I do!
Mr. Wilkinson-It was not offered.
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The CHAIRMAN-I do not know what the feeling of the members is on this subject. As far as I can see, the Tung Wah arrangements will never be satisfactory until the institution is under very strict supervision.
The COLONIAL SURGEON-There is one con- sideration that you leave out altogether, you leave the Chinese out. To the Tung Wah they bring people to die; if they are in the last stage · they are simply brought there to die. You see big coffins and big funerals arranged for miny of them when their bodies have to be removed! They are respectable people, simply brought there to die. If you put the Tung Wah under European supervision they will then die some where else; their friends will not bring them there. They are afraid of European supervision; they fear post mortems or ing tests may be ordered ́ ́on the body. You will make a miserable mess of it. That is my experience during the past month, during which I have bn attending them. I have entered every case ad.. mitted for the past month. Those that I could not diagonse at first sight, fevers and other things, have been put in separate wards. There is a rec ption ward holding eighteen people, into which all new admissions are received and they are kept there until I see them next morning. I see all the cases and I order those cases that am uncertain of, and all fever cases, into a set of wards I have arranged, so that I can watch
H ́s Lordship -I do not say it was. Perhaps them day bý day. After I have gone round the