444
this, though our contemporary does not seem to see it, that the public really does take some interest in municipal questions, sufficient at least to make it resent the Gov-
4
ernor's ill-advised interference. "The
££
46
FAMINE RELIEF FOR KWANGST.
THE HONGKONG WEEKLY PRESS AND
SUPREME COURT.
20th May.
IN SUMMARY JURISDICTION.
BEFORE MR. T. SERCOMBE SMITH (ACTING PUISNE JUDGE.)
T8UNG YUEN SHI . THE HONGKONG FIRE INSURANCE COMPANY.
[May 27, 1896.
conclusion that the plaintiff had not made out her case that the property was on the premises at the time of the fire. He therefore gave judgment for the defendants with costs.
21st May.
CRIMINAL SESSIONS.
BEFORE HIS HONOUR DR. ĈARBINGTON (CHIEF JUSTICE).
THT INCENDIARY FIRE AT PRAYA WEST.
The hearing in this case was resumed. | The
Tsang Tse Chap and Lau Wai Chin were in- plaintiff claimed $417.50 from the defendants as loss sustained by fire at 309, Queen's Roaddicted on two courts charging them with setting Central, on the 26th February, she having fire to premises at No. 48, Praya West, and with effected a policy of insurance with the defendants doing the same with intention to defraud.
Mr. Reece appeared for the plaintiff and Mr. Hastings (of Mr. V. H. Deacon's office for
the defence.
Witnesses for the defence were called and the evidence concluded.
Hou. H. E. Pollock (Acting Attorney-Gene ral) and Mr. Francis, Q.C. (instructed by Mr. A. B. Johnson, Crown Solicitor), were for the prosecution, and Mr. Robinson (instructed by Mr. Hastings) defended the prisoners. Mr. H. L. Dennys watched the case on behalf of the Insurance Companies interested.
Considerable time was occupied in swearing the jury owing to the objections raised by Mr. Robinson to several gentlemen who had been summoned to serve. He objected to Mr. W. R. Loxley on the ground that he was the agent for an Insurance Company.
Mr. Pollock-I don't think you have shown sufficient reason why he should not serve.
His Lordship Of course the depositions do go to show that an attempt has been made to defraud an Insurance Company, so that perhaps if Mr. Loxley is an agent it might be better for him to stand aside-if he thinks that he cannot fairly try the case.
In answer to his Lordship Mr. Loxley said he was an agent for a Fire Insurance Company,. and his Lordship thought he had therefore better stand aside.
recent friction between the Governor and "the Municipality," our contemporary goes on to say, did not necessarily arise from "the powers against which the Straits Asso- "ciation Committee are protesting. The "friction has been created because Sir CHARLES MITCHELL has used indiscreetly powers that were intended to be used with "discretion." To that the natural answer, is, remove such powers, so that an indiscrect Governor may not have the opportunity of abusing then The Straits Times finds another answer, namely, that "the average proba- bility ofhaving an indiscreet Governor is not greater than the average probability of
Mr. Hastings. in addressing his Lordship. having an inefficient Municipal Board, said that owing to the evidence of two in- "You must balance the one against the dependent witnesses given at the fire inquiry "other."
We hope our contemporary will held before the Magistrate that there was no derive some amusement from the occupation furniture on the premises at the time of the of balancing. It will be noted, however, fire, and looking to the number of cases of arson and fraud consequent thereon prevailing that as regards the more important of the powers now exercised by the Governor with in the colony, his clients considered it to be their duty to themselves and to the public to regard to the Municipality, the Straits Set-fight the case in order that the fullest inquiry tlements Association does not ask for their might be held into the circumstances attending total abrogation, but only that they should | it. Certain facts were admitted. It was ad be exercised through the Legislative Council mitted that a man died from plague in the instead of by the Governor individually.
house on the 23rd February and that the plain- tiff removed to her present address on the same day. It was highly probable that she knew of the stringent measures adopted by those responsible for the public health of the colony, and that possibly sufficient care was not taken in all cases to safeguard the property in the houses from damage or theft. We had beard of goods being roughly treated and thrown over the verandahs, and in any case put out street exposed to into the middle of the the weather and exposed to theft by The plaintiff admitted she passers-by, had heard of such things happening, and counsel suggested there was a strong pro-affirmative. bability that, knowing of these things, she would take steps to guard her furniture and clothing from such danger and loss. She said she went out of the house without a change of clothing and that, although she knew of the measures taken by the officials in a case of plague. she did not think it worth while to remeve single bit of the furniture or clothing from the house and put it in a place of safety. She said she did not move the things because they were in- sured, but she did not know whether a policy of insurance dovered damage such as counsel suggested. Ile submitted that the bridence for the plaintiff was very coutradictory and entirely irreconcilable with the evidence for the defence, The witnesses for defence were independent and no motive could be suggested for their giving false evidence. They had stated that on the 25th February, the day before the fire, the only furniture on the verandah was a rattan chair, and the room. as far as the witnesses could see, was empty. Against this there was the statement by the plaintiff that both the verandah and the room were full of furniture. The police vidence for the defence showed that the fire occurred on the plaintiff's verandah and the fact that the doors were locked created grare suspicions. His Lordship had to choose between the value of the evidence given on each side and say which he believed.
The appeal made by Mr. Jonx ANDREW, in his letter published in another column, on behalf of the famine stricken people of Kwangsi, ought to meet with a ready respouse. There can, unfortunately, be no doubt about the extremely aggravated nature of the distress prevailing, which is even greater in South-western China than in the adjoining French protectorate of Tonkin. In the latter country the French Govern, ment is doing all it can to mitigate the consequences of the failure of the crops public subscriptions have been opened, duties have been remitted, and, perhaps ino-t important of all, communications are easy over a great part of the country, so that the districts where the distress is greatest can be readily reached. Kwangsi is further re- moved from the reach of assistance, and when famine, takes place in any part of China there is always a lamentable lack of intelli- gence in dealing with the emergency. The most efficient relief work is generally done by missionaries; but in Kwangsi the missionary body is rather sparsely repre- sented, and assistance from that source will consequently be limited. Mr. ANDREW is shortly leaving for the province on another of Iris mercantile ventures, and he offers to carry any relief that may be sent from Hongkong. He suggests that this should take the form of ship biscuits, as these are more convenient for conveyance. The idea strikes us as
an
excellent one, for the nourishment contained in say a hundredweight of bis- cuits must be many times greater than that contained in an equivalent weight of rice; and, moreover, the food is ready cooked, so that when it is placed in the hands of the starving people there will be no difficulty about fuel. When Mr. ANDREW was at Wuchow three months ago distress beginning to make itself felt and in the time that has since elapsed it has become greatly intensified, so much so that, accord- rng to Mr. ANDREW's information, the aieople have been driven to cannibalism and pe now eating their children.
Was
the
Mr. Reede submitted that the question was whether there had been frand or not and the onus of proof lay on the defendants.
He then re-
His Lordship, in giving judgment, said he agreed with the statement of the law as laid down by Mr. Hastings and he regretted that he had not the assistance of a jury in the case, as the question was one of fact and the evidence was extremely contradictory. viewed the evidence and said he accepted the statement of Acting Sergeant Williamson as the most valuable evidence in the case. The fact that the fire occurred on the verandah and that the doors were locked threw great doubt on the evidence for the plaintiff, and on the balance of the evidence he had come to the
Mr. Robinson-I have to make a similar ob- jection with regard to Mr. C. S. Sharp, who, I believe, is an agent for an Insurance Company. His Lordship-Why did you not mention these matters before?
Mr. Sharp was asked by his Lordship if he was an insurance agent and he replied in the
His Lordship-As this case involves the charge that an attempt has been made to de- fraud a Fire Insurance Company I think that no agent connected with a Company should go on the jury.
Mr. Orange was then about to be sworn when
Mr. Pollock asked if he could object to him on the ground that his partner, Mr. Leigh, was going to be called as a witness for the pro-
secution.
His Lordship---I don't think that will make any difference,
Mr. Playfair, who was already sworn, now ex- plained to the Court that he was a local director of an Insurance Company and asked if that was an objection to his serving on the jury.
His Lordship-Do you feel that you cannot fairly try the case?
Mr. Playfair-No, your Lordship; I only mentioned the matter as the question of In- surance agents had been raised.
His Lordship-I think you can stop on. The jury was composed of the following: William S. Bamsey. Marcus David Ezekiel, James Orange, Wei Yuk, G. W. F. Playfair, B. Layton. D. Haskell.
The Acting Attorney-General, in opening the case for the Crown, said the prisoners were charged on two conuts, the first that on the 22nd April they set fire to promises at 48, Praya West, a man called Im Wa being inside at the time; and the second, that they set fire to same house with intent to defraud. the
to Counsel then proceeded
describe the position of the premises and the locality and extent of the fire as given in the evi- dence at the Police Court and said it ap- peared from this evidence that there had been a deliberate and carefully laid out scheme to set fire to the premises. The plea was put forward by the prisoners at the Police Court that the premises were set fire to by somebody who had a grudge against the firm, and he believed it would be suggested on behalf of the prisoners that the fire was accidental, and that the suggestion was that a rat pulled the wick out of s kerosine lamp and set fire to the place.
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