422
THE HONGKONG WEEKLY PRESS AND
(Attorney-General). Mr. J. J. Francis. Q.C., Mr. H. E. Block, Mr. E. Robinson, Mr. A. B. Johnson (Crown Solicitor), Mr. V. H. Deacon, Mr. li. L. Deunys. Mr. E. J. Grist, Mr. H. J. Holmes, Mr. J. Hastings. Mr. K. Monasey, Mr. J. Bowley, Mr. H. J. Looker, Mr. MeBinney, and all the officers of the Court, whilst Hon. J. H. Stewart Lockhart (Colonial Secretary) sat immediately a low his Lordship, j who was decompanied on "the bench_by Mr. 'Ï. | Sercotube Smith (Acting Puisne Judge).
the gentlemen composing the Committee were present yesterday afternoon and they were kept busier perhaps than they expected On going into the room-the Chamber of Commerce room is being utilized for the purpose--the voter is asked his name by Mr. Francis or Mr. McConachie, who hands him a ticket bearing · the appropriate word Plebiscitum," and then a clerk records the name, and the voter goes be- hind a screen, where there is a table on which are two boxes. The first box is labelled · Un- official Majority" and the second box Official Majority," and into one of these boxes the voter drops his ticket and then issues out at the other end of the screen. The firs to vote yesterday was Mr. G. W. F. Playfair, who voted for--but the ballot is secret! The poll closed at 7.30 last night and will be re-opened at 4.30 this after noon and closed at.734, when the counting of votes will be immediately proceeded with by Hon. Commander Hastings and Mr. A. Coxon.comed his Lordship.
18th May.
There can be no mistaking the feelings of the British residents respecting the constitution of the Sanitary Board. as the result of the poll, which was declared on Saturday night, shows that by a majority of 300 they are in favour of
$
Board consisting of unofficial members. Altogether 36-4 Britishers went to the poll, but as a matter of fact only 362 tickets were found in the ballot boxes, so that presumably the missing tickets were secretly stowed away into the pockets of two persons who had recorded their names and who preferred to play fool pidgin" rather than use the tickets in a legi- timate manner. The poll closed punctually at 7.30 and Hon. Commander W. C. H. Hastings and Mr. A. Coxon at once commenced counting
the votes. At the conclusion of the count it was fonud that the number of tickets counted did not
correspond with the number of names on the list and a re-count was made, but with the same result. Then Hou. T. H. Whitehead carefully went through the tickets, but still
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As soon as his Lordship stepped on the Bench the Registrar called "Conri every one present stood while the usher read the formal proclamation, which nobody takes notice of, and the seats were resumed. After a short panse the Attorney-General rese, and the Acting Paisue Judge. the members of the bar, and the whole of the public also stood while the Attorney-tieneral. on behalf of the bar. wel-
your ap-
The Attorney-General said-May it please your Lordship-On this the first occasion upon which your Lordship is presiding in this Court, permit me, on behalf of both branches of the legal profession in this colony, to offer you our hearty congratulations upon
intent to the high and responsible office of Chief Justice of Hongkong. The tradi- tions of the Bench have been most honourably and worthily sustained by your Lordship's pre- decessors. During the last fifteen years the Chief Justices of this colony have been, successively. Sir George Phillippo. Sir James Russell, and Sir Fielding Clarke. It has fallen to my lot as Attorney-Geueral to bid a regret- ful farewell to the fast two of these Judges. They were all three men respected by all classes alike, men of high and independent character. men of great ability. The mere fact that Her Majesty had selected your Lordship as the
successor of such men would itself have been a guarautee of Your possession of similar
May 21, 1896.
fact of the colony
importance to the being possessed of a strong and independent Bar. I think it is very valuable indeed in the administration of justice that such a state of things should prevail and I think it is also very valuable that good relations should exist be- tween the Bench and the Bar, and I need not assure you that nothing will be wanting on my part to maintain that necessary good feeling. On iny side I wish you every success in your profession aud I hope I shall always find the Bar sustaining its very high reputation. In conclusiou. Mr. Attorney-General, I advantage of the opportunity of wishing you a very happy holiday.
A JURYMAN EXCUSED.
take
The Attorney-General-May Lask your Lord- ship whether you can see your way to excuse vue of the common jurymen. Dir. Craddock. He has important duties in connection with the Canadian Pacific line, and it so happens that. about to be dispatched-a very crowded steamer at the present time. just when a steamer is
--the marine superintendent freight clerk uro both absent, and if Mr. Craddock is away also there will no doubt Ás be a great inconvenience to the public. there is a full panel of common jurors I trust your Lordship will see your way to excuse Mr. Craddock's attendance.
and the
forward and said--An application has been made His Lordship asked Mr. Craddock to stand by the Attorney-General for your release from attendance, and the General Agent of the Com- pany has also written to the Deputy Registrar the subject. I believe you are really wanted during the next few days by the Com- pany which you serve?
OIL
Mr. Craddock-—Yes, my Lord. His Lordship-I think it was said that two other employes are absent?
Mr. Craddock-- Yes, they are. His Lordship-I think, Mr. Attorney- General, we might release Mr. Craddock on the short he will be sent for.
only 362 could be counted. and Mr. Ede, who qualifications.. But, indeed, the records of understanding that if the number of jurors is
acted as returning officer, decided to make a note of this fact in the official statement, which was as follows:-
Number of voters on the list
Tickets in boxes
Votes for Unofficials
Votes for Officials...
Majority for Unofficials
SUPREME COURT.
15th May.
IN SUMMARY JURISDICTION.
364
362 331
31
300
BEFORE MR. T SERCOMBE SMITH (ACTING PUSSE JUDGE,
THE ACTIDSS AGAINST F. W. WATTS.
Mr. Hastings mentioned the three summary suits brought under writs of foreign attach- ment against Mr. F. W. Watts. The plainti
in the first suit was Mr. W. Brewer, who sued for $616.84, in the second Messrs. Sassong sued for $180, and in the third Mr. Frank Walker sued for $400. Mr. Hastings asked for judg. ment in each of the three cases.
Mr. Grist, who appeared for the debtor. objected to judgment being given then, as the Bankruptcy Amendment Ordinance directed that all proceedings against an adjudicated bankrupt should be stayed unless the consent of the Court had been obtained for the plaintiffs to proceed.
His Lordship agreed with Mr. Grist and adjourned the cases sinc die.
your previons career fully justify the selec tion. The many and varied legal appoint- ments which you have already held in other colonies must have given you that practical experience of law and that knowledge of men and of affairs which conduce so much
towards the successful administration of justice. When we bear in mind that not only are you a Companion of the Most Disting Order of St. Michael and St. George, but that you have had the honorary law degree of Doctor conferred upon you both by the Eng lish University of Durliam and by the Scotch University of St. Andrews, we cannot doubt the valuable character of your past services, and we venture to trust that in the future your
The Attorney-General-As your Lordship pleases.
THE ARSON CASE.
plication to make to your Lordship. There is a
The Attorney-General-I have another ap-
case of incendiarism-a charge of arson, and a special jury has been empanelled. The question whirl. is the most convenient day to take the
case.
I'iace commuunicated with the counsel learned friend Mr. Francis, who appears with who appears for the defence and also with my
the Attorney-General for the prosecution, and if it will suit your Lordship to take the case on Thursday morning at 1030, that will be a con- venient time for all parties.
career will be as useful and as valuable as it has
His Lordship fixed the hearing of the case ben in the past. In conclusion, allow me once
for Thursday at 10.30 and said the special more to congratulate your Lordship u jurors would be released until then. your appointment."
I
His Lordship, is reply, said—Mr. Attorney. General and members of the Bar, I am very grateful to you for the kind way in which you have tendered the congratulations of yourself and the other members of the Bar on my appointment to the distinguished office of Chief Justice of longkong. I am very sensible of the responsible and arduous nature of the duties of that effice and I am also sensible of them from my knowledge of the fact that my predecessors for some que have been men of distinguished ability and high character; but while £ apprehend that I shall not attain the high standard reached by these gentlemen, yet feel that I shall derive from you, gentleineu of the Bar every assist. auce in the performance of those difficult duties, and not only from the gentlemen of the Bar but from all the officers of the Court. I look to the officers of the Court to sustain me in the performance of those duties and I need not say I rely upon the assistance of my brother Judge. Soon after I was called to the Bar, a long time ago. I heard that the Bar of Hongkong held a very high position amongst the Bars of the British colonies. That reputa- tion, as far as I know, has remained with it His Lordship took his seat in Court for the
up to the present time, and from what I first time as Chief Justice of Hongkong have seen of the gentlemen of the Bar, and nearly the whole of the members although they are not numerous in point of of the Bar assembled to offer him ↑ numbers, yet I fully believe they will always cordial welcome. Among those present in sustain that high reputation they have gained the crowded court were---Hon. W. M. Goodman' in the past. For ny part I attach great
18th May.
CRIMINAL SESSIONS,
BEFORE HIS HONOUR DR. CARRINGTON (CHIEF JUSTICE).
A HEARTY WELCOME TO HIS LORDSHIP.
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MANSLAUGHTER.
Cheng Chang was charged with the man- slanghter of Ma Sam Tong.
Hou. W. M. Goodman (Attorney-General) prosecuted, and the prisoner, who was un- defended, pleaded not guilty.
The following jury tried the case:-Messrs. G. A. Caldwell, A. L. Naur, A. Muir, C. M. Adamson, C. A. M. de Jesus, A. S. Mahomed, and J. F. Lean.
The prisoner and another man quarrelled in Graham Street about 45 cents and the deceased man interfered as peace-maker and as a con. sequence the prisoner bit off a joint of his right hand little finger. The accused was arrested and sent to gaol by the Magistrate for three mouths for assault, but as the injured man afterwards died from the effects of the bite the prisoner was charged with manslaughter.
His Lordship mentioned the power he had under an Ordinance to question à prisoner, and the Attorney-General said the law was taken from the Indian Code. The Magistrate was also empowered to question a prisoner and he (the Attorney-General) thought it would be better for the administration of justice if that power were more frequently exercised. When- ever the power was used the Magistrate had to write down both question and answer on the depositions.
His Lordship-The English Legislature is contemplating altering the law as to the giving of evidence by a prisoner. A Bill is now before Parliament,