May 7, 1896.]
Stonecutters' Island and saw the two defendants in the guard room and also the camera. I took the defendants into custody and conveyed them by launch to Yaumati, where I handed them over to Inspector Butlin.
By Mr. Dennys-The first defendant told me he was the captain of the German mail and the second defendant said he was the doctor. Be- fore I got the launch I went with defendants to the north shore. where saw a boat with two Malays in it. The captain blew a whistle, when a European quartermaster came up. He had gold letters on his cap. I cannot say whether the letters wereN. D. L."
By his Worship-The quartermaster came down from the direction of the barracks.
Inspector Butlin Last Saturday evening, about eight p.m., the defendants were handed over to me by Sergeant Scott. I also received the camera. I told them the charge against them and had them searched. The second defendant claimed the camera as his.
By Mr. Dennys-I did not question the defendants, who did not say anything.
Lieutenant William Thompson-I am at present adjutant in the Royal Engineers and have been in charge of the Royal Engineers' photograph school. I received the camera on the 4th inst. and gave orders for the plates inside to be developed. There were twelve plates altogether and five of them had been used.
By Mr. Dennys-I produce the prints of the five photographs. One represents a Chinese tomb with, apparently, the captain of the Hohenzollern sitting on the top; the second represents a buffalo ploughing; the third re- presents a Chinese village; the fourth paddy fields at the foot of a valley, and the fifth other paddy fields. There is nothing in them in any way connected with fortifications.
Mr. Johnson-That, your Worship, concludes the case for the prosecution.
k
Mr. Dennys The defendants admit to the fullest extent that they were at Stonecutters' Island without permission from the Governor or Colonial Secretary or anybody else. The captain says that when he came to Hongkong -he only joined the ship very recently and I have the articles in Court, if your Worship wishes to see them--but the only regulations that he has on board and the only thing he knows about Stonecutters' Island is that which mentioned in the port regulations under the heading of "Harbour limits." On the East. A line drawn from the northernmost point of the Island of Hongkong to the N.E. boundary of British Kowloon. On the West.-A line drawn from the westernmost point of Hongkong to the western side of Green Island continue to western point of Stonecutters' Island, thence to north point of Stonecutters' Island conti. nue to N.W. boundary of British Kowloon." That is all the regulations say and as far as he knew there was no earthly reason why he should not land at Stonecutters just as he might land at Green Island or any of the other islands round
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CHINA OVERLAND TRADE REPORT.
in the least suggestive of fortifications in them. Of course a technical offence is admitted in that they landed at Stonecutters' without permission. We know that ignorance of the law is no excuse, but it is utterly impossible to expect that per- fect stranger can come here and know that Ordinance. 11 of 1895 provided that no one should land without permission. Before any punishment is inflicted in a case like this it ought to be proved that every precaution was taken to show people who were intending to land that they had no business to land on Stonecutters. A notice ought to be posted along the shore or some other means, pro- vided to notify the fact that that island is different from the land opposite. Nothing of that sort was done and these men, seeing a nice little beach with a boat on it, went alongside and walked straight up to the bar- racks. I submit there is nothing whatever before you to show any intention on the part of the defendants to use the photographic ap- paratus for the purpose of taking the forts. As the evidence has shown, this sentry box is a hundred yards as the crow flies from the door of the west fort and it is high up above the guard house, so they cannot possibly have done any harm up to that time. I will now call Mr. Spatz.
Leopold Spatz said-I am an assistant in H. H. Kirch and Co. and have been in Hong- kong three years. I know the second defen- dant, Dr. Rudolph. I was introdued to him last Friday evening by the third officer of the Hohenzollern and they came to my house and we passed the evening together. On the day when the Sachen left Hongkong the doctor photographed the vessel and on Sunday he promised to come with me in order to photo- graph pretty scenery in Hongkong. Saturday evening I had a letter saying that it was too dull for photographing and he was going sailing on Sunday instead.
On
H. Schmidt, quartermaster on board the Hohenzollern, spoke to the defendants going off for a sail on Saturday afternoon with witness and two Malays on board, when they landed at Stonecutters Island. Witness could not see any fortifications. The Malays and witness
wore their uniforms and the defendants wore
caps bearing, the crest of the North German Lloyd Company. There was a good breeze blowing at the time and all attention had to be given to the sails. Witness had been out here fifteen months running between Hongkong and Yokohama. The defendants had recently joined the Hohenzollern, and the captain came out as chief officer of the Sachsen
Mr. Dennys-I again draw your Worship's attention to the port regulations. Of course you are familiar with them and also familiar with the fact that this is a book which is given to every captain as he comes into the harbour, but there is not a single word from one end to the other to warn people that they must not
385
His Worship-In a case of this sort, as Mr. Dennys pointed out, either a nominal fine or the full penalty ought to be inflicted. The defence set up is that the port regulations do not show that landing is not allowed. The defendants went sailing past one wharf on the north side and they would pass two if they went on the south side, and they could see the guns bristling out of the forts. If they had been natives of almost any other country but Germany there would perhaps be a possibility of their making a mistake in landing near forti- fications. We are told they landed on the island and walked straight past a notice board which prohibited access to the forts: The photographs have been developed and certainly they have no bearing whatever on the fortifications, but it is not likely that any man intending to take photographs of fortifications would carry other photographs of fortifications with him. It is clear the man had the intention to photograph, and I do not think on the evidence before me that there is any doubt about it. The first charge is admitted and each defendant will have to go to gaol for three months with hard labour. The second charge against the captain is dis- missed, But the doctor is on that charge sentenced to one month's imprisonment with hard labour, his sentences to run concurrently.
Mr. Dennys-I ask your Worship in this case to let the defendants out on bail pending the time for appeal-ten days. Your Worship sees it is a case проп which I may think it necessary to appeal.
His Worship-But-
Mr. Dennys-I have just had instructions to appeal, your Worship.
His Worship-You havė? Mr. Dennys-Yes.
His Worship-Very well, then, bail in $1,200
each.
Mr. Dennys-I ask your Worship to allow the doctor to take his camera away.
His Worship said it would not be confiscated, as it contained nothing illegal.
THE INCENDIARY FIRE AT PRAYA WEST.
At the Police Court on the 1st May, before Commander W. C. H. Hastings, the five men who were arrested in connection with the incendiary fire at 48, Praya West, were placed in the dock on a charge of arson.
peared to prosecute, Mr. H. L. Dennys Mr. A. B. Johnson (Crown Solicitor) sp
watched the case on behalf of the Northern Mr. J. Hastings appeared for the defence. and Magdeburg Fire Insurance Offices, and
Mr. Johnson said it had been decided to withdraw the charge against three of the defen- dants, who were accordingly discharged, and the case against the remaining two, who are the masters of the shop, was proceeded with.
Mr. J. L. Prosser, Government Surveyor, produced a plan of the building; and photo- graphs of the premises. internally and exter- nally, were also produced.. Не
land in this part of the harbour. The captain knew nothing whatever about landing at Stonecutters being forbidden. He landed and landed in uniform and walked straight up to the guard room.
his seamen wore uniform. The steamer was lying at Kowloon cutters Island and wharf and the wind was favourable for Stone.
about. The doctor is an amateur photographer and has been here only a short time. I will call one gentleman resident in Hongkong who will tell you that the doctor was simply using this photographic camera for the purpose of taking bits of Hongkong scenery. Neither of these gentlemen knew they were committing a breach of the law in landing, and can your Worship believe they were going-as must be suggested in a case of this sort can you believe that these people were going there as spies what their tastes are in this respect, and that ground floor, two coolies in a cockloft near
when they went off in a sailing boat with the name of the steamer upon it and with two Malay seamen and a European quartermaster, all of
whom wore the uniform of the German Mail Company at the time, and the defendants them- selves had on their caps the crest of the North German Lloyd Company? They had not the faintest idea of doing anything wrong. They landed at the beach and saw a boat belonging to the soldiers and they walked up to the barracks. As they were passing the barracks a man said "Are you going to take photographs?" The doctor said "Yes," and the man said "All right, can do." They walked up as far as the sentry without having the faintest notion that they were doing wrong, otherwise do you think they would have walked by the sentry in that way? The doctor was earrying the camera openly and you have seen the contents of the camera and there is nothing
it
was most natural for them to land there. The fact that these photographs have been developed shows
should certainly be in the doctor's favour. Mr. knows that the doctor was looking for pretty Spatz, who has lived in the colony three years, scenery and that he was very fond of taking scenery. I submit that the defendants should be let off with a nominal penalty, as in the last
case of a similar kind, when the defendants were the one which created such a sensation some fined $3. This case is totally different from time back. In that case the officers of a for- eign. man-of-war landed and had sketches of fortifications in their possession, but in the present case there is nothing in the way of a sketch of forts, although there were five photo- graphs inside the box.
His Worship-Have you anything to say, Mr. Johnson?
Mr. Johnson-I leave the case entirely in your Worship's hands. Your Worship has the facts fully before you.
In Wa, a rice pounder, one of the three men of the prisoners, who were the masters of the discharged, said he was formerly in the employ Kwong Sun Loong shop, 48, Praya West. On the night of the 21st April he was sleeping on a bed near a rice pounder on the ground floor. One of the defendants slept on the Winglok Street, and when witness went to bed books were kept in the shop. He went to bed the other defendant was writing. The shop at 9.30 and was in the kitchen shortly after nine o'clock. There was a nut oil lamp left burning as usual in the cookhouse, and there
was a jar containing twenty catties of nut oil in the shop. That was all the nut oil in the shop. On the first floor there was a kerosine lamp and the tin of kerosine was near the nut house. There were three or four tubs in the There was only one tin of kerosine in the
kitchen when he went to bed and several
oil.
bundles of firewood were kept outside and inside the kitchen. One of the defendants woke him up that night by calling out "fire."
By Mr. Hastings-The man who woke witness had his sleeping clothes on and looked as if he had just got out of bed. At that time there was no fire on the ground floor. When witness