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THE HONGKONG WEEKLY PRESS AND
His Lordship—I should not be surprised if you get the judge to make the plaintiffspay.
Mr. Robinson-If I am here they probably will, my Lord. If I am not there will be no one else to speak.
His Lordship adjourned the case sine die and made the following uote in his book—” I should have given the costs of the day to the defendant, but I thought the judge who will decide the issues will be in a better position to decide the question of costs when he knows whether the translation sworn to by the defendant in his affidavit of the 8th July, paragraph 8. is correct.
the Court is in the position that we do not know what the documents are that we are discussing. We do not know what the translation is and it is idle for us to discuss minutely points of law as to whether requests are sufficient without being orders when we do not know His Lordship-The judge will be in a better the meaning of the Persian words. It seems to position to decide on this matter when he me, therefore, that we cannot decide the action knows what the translation is. If it turns out until we get a proper translation, and there is
that your
translation is correct he will probably one of the issues as to whether value was give you costs. given for this bill-which, by consent of both Mr. Robinson-Suppose he says there is sides, was not to be argued to-day, but if neces-substantially no difference between the transla- sary at a later day. Therefore I am not in a tion (Laughter.) position to decide the case to-day and I should certainly not be satisfied to do as Mr. Robin. son says, non-snit the plaintiff's because they have not proved the translation. It seems to me that the proper course to take is to adjourn the hearing of the issues. I do not say that the time of the Court has altogether been wasted, but as it will probably be not the same judge who tries these issues when they come on again, he certainly will not have the advantage of the discussions on the points of law which have arisen to-day, so it may be the the ON STONE:UTT RS į ground will have to be traversed again. The only question, therefore, is as to the costs. I am clear that the proper course is not to decide any of these issues to-day, but to adjourn the hearing until a proper trauslation is forth- coming, and the only question is. Who is to pay the costs of what one Lay almost call the fiasco that has occurred to-day? I am inclined to think that the best course would be to adjourn that question for the judge to decide who tries the issues.
Mr. Robinson-How can the judge so con. veniently decide that question as your Lordship? The fiasco is not on our side.
His Lordship-I know, I am inclined to think that in all probability the judge will make the plaintiffs pay the costs of this matter to- day, but the question to my mind is this: I am not sure that if it turns out eventually this is, a proper translation and that the translation put in by the defendant himself and sworn to by him as being correct is wrong-I am not sure that he will not be the man who has created the whole difficulty. The defendant has put in this af fidavit, and paragraph 8 The true
says, translation of the said documents is as follows." Therefore he is in a position to swear to it.
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Mr. Robinson-We are quite willing to accept it and to go on, but my friend will not accept it.
His Lordship-Suppose it turns out that his translation is wrong and the other translation is all right?
Mr. Robinson-That is not our fault.
His Lordship-Mr. Bell-Irving's affidavit has been put in, and you deny the accuracy of the translation in his affidavit.
Mr. Robinson-We set out our own. I have not seen Mr. Bell-Irving's affidavit.
His Lordship-A copy ought to have been furnished you. At all events, I should be in a much better position to know what is the proper course to take as to costs when I know who is causing the difficulty about the translation. Your client knows Persiau perfectly well and it is much easier for him to get a trausla. tion than it is for the plaintiffs, who do not know Persian, and if more opportunity-
Mr. Robinson-It is their case and not ours. His Lordship-I know; therefore I should like to know before I make an order what is the proper translation.
Mr. Robinson-As set out in our affidavit.
His Lordship--You will be able to address the judge and point out to him that it was plaintiffs' duty to produce a translation to-day and that they did not do so, and that you are entitled to your costs. Without express- ing any opinion on my part differing from such a view I must leave the question for him
to decide when he sees what the real translation is. I think that is the proper course to adopt.
Mr. Robinson-We are prepared to prove
our translation.
Mr. Francis-Really, what is the use of talking? I can only apologise for having given your Lordship so much trouble to-day and for detaining you in Court almost uselessly so many hours.
Mr. Robinson-You ought to pay for the indulgence.
A CAMER
[May 7, 1896.
three yards from the guard room and told them to wait until I called the non-commissioned officer of the guard. I called that officer. The second defendant (the doctor) was carrying a hand camera.
By Mr. Dennys-There is a straight road up from the beach to where the sentry box is, and the defendants came up that road. The defendants did not attempt to run away. I do not know whether anyone else spoke to them. I did not see anyone on a verandah. The bar- racks face the guard room at a distance of about three yards. I could not see a boat from whero I was.
By his Worship-I did not see the defen- dants land and I do not know where they came from. I could not see the beach from my post.
William Brown-I am acting bombardier in the Royal Artillery stationed at Stonecutters'. Last Saturday afternoon, about 2.45, I was in charge of Stonecutters regimental guard and I was in the guard room, where the last witness was sentry. It is at the foot of the western fort, which is about 200 yards away. My atten- WITH tion was called by the last witness to the two defendants coming up from the north shore. When I first saw them they were on the path- way about two feet from the verandah near the guard room. The path on which they were leads to the south shore battery, and another path branches off to the western fort. The second defendant was carrying the camera in court. I asked them if they knew they were not allowed on the island and they said they did not. I took the camera and detained the men and then sent to the acting sergeant-major.
GERMAN OFFICERS RECEIVE THREE MONTHS' IMPRISONMENT.
!
At the Police Court on the 5th May, before Commander W. C. H. Hastings, Albert Har rasowitz. the Captain of the German mail doctor on the steamer, were again brought up steamer Hohenzollern, and Max Rudolph, the charged with entering the field works and fortifications of Stonecutters' Island on the 2nd inst. without written permission. Mr. A B. Johnson (Crown Solicitor) prosecuted, and Mr. H. L. Dennys defended
Mr. Dennys asked for the exact nature of the charges.
Mr. Jolinson said the first charge would be for landing on Stonecutters' Island without a written order from the Colonial Secretary or the Officer Commanding Her Majesty's troops in the colony, contrary to section of Ordinance 11 of 1889, and the second charge was made under Ordinance 1 of 1895, and it was for being in the immediate vicinity of the field works or fortifications with a photographic apparatus with the intention of contravening section 3 of
the Ordinance.
Mr. Denuys In respect to the first charg there can be no doubt that the defendants did land at Stonecutters'?
His Worship--First charge admitted. Mr. Dennys-I ask your Worship not to take it that I admit any intention of offending in any way.
His Worship-Do you admit they had no order?
Mr. Dennys-Yes, certainly, I admit they landed at Stonecutters' without an order from the Colonial Secretary or the Officer Command, ing the district. Of course I shall show your Worship why they landed.
Mr. Johnson-As the first charge is prac- tically admitted I shall, as far as possible, con- fine the evidence to the second charge and to explain that I shall have to refer to section 3 of the Ordinance, which says From and after the passing of this Ordinance it shall not be lawful for any person, whether a British subject or an alien, to make any photograph of any bat- tery, field work, or fortification or any portion thereof within the colony of Hongkong or the waters thereof without having previously ob- tained the permission in writing of the Gov- ernor."
That meant they were not to make a
photograph. The 5th section said- Any per- sou found within the immediate vicinity of any battery, field work, or fortification in Hongkong with photographic materials or apparatus in his possession with the intention of contravening the provisions of section 3 of this Ordinance, &c." It will be for your Worship to decide whether the accused were in the immediate vicinity of the fortifications with the intention of
making photographs. I will now call the evidence.
Michael Daly said-I am a gunner in the Royal Artillery stationed at Stonecutters Island. I remember last Saturday, the 2nd inst. I was sentry in the afternoon at 2.45 at Stonecutters guard room, which is near the
western fortification outside the fort. I saw the defendants, whom I recognise, coming up towards the guard room. I stopped them about
"
By Mr. Dennys-The defendants were dressed in dark trousers and white jackets and cheesecutter caps, The band on each cap I do not know the German mail flag. The capa¬ was plain and did not have any mark upon it.
did not have an anchor and key upon them. I did not see the boat in which the defendants the quartermaster in the boat. other the doctor of a German mail steamer. I One defendant said he was the captain and the
did not ask what was in the camera, which the notice board on the path leading from the beach. doctor was carrying quite openly. There is a
came nor
There is not a notice board on the north beach
and nothing to prevent anyone landing. Soldiers living on the island have a boat there and it was
on the beach that afternoon. It is a six-oared
By his Worship-The words at the top of the notice board are-" Access to these works strictly prohibited." The defendants would have to pass that board on the path they came up.
Alfred Trewitt-I am sergeant in the Royal Artillery stationed at Stonecutters' Island. I was there last Saturday afternoon, At 2.45 p.m. I was sent for by the last witness and I went to the guard room. The barracks are about forty yards from the guard room. A path runs down between the beach and the guard room. I saw the defendants in the guard room and they the Police and a sikh policeman came. had a detective camera with them. I sent for I could
not make him understand English and therefore would not hand them over to him. I sent a
gunner for the European inspector at Yaumati.
By Mr. Dennys-Each defendant wore a white jacket and black trousers and a peak cap. I handed them over to the sergeant of police. There was a badge in front of each cap. The badge was an anchor and key. I did not ask them any questions. They had the "machine and that was quite enough for me. The defend- ants were handed over to the Police about six
"
o'clock. There is no sentry on the north shore, but there is one posted on the south shore. We have a six-oared boat, which is kept on the beach. I have not heard that anyone spoke to the defendants from the verandah,
By his Worship-The south shore sentry must prevent any unauthorised person from landing there.
Lieutenant Norman Buzzard-I am in charge
of the troops at Stonecutters. The guard room is about 100 yards from the west fort gate as the crow flies and about 600 yards from the south shore battery. The pathway spoken of bifurcates, one road leading to the west fort and the other to the south battery. There is a gate at the west battery, but not at the south battery. Sergeant Scott-I am stationed at Yaumati. About six p.m. on Saturday afternoon I went to