9th July.
/ THE HONGKONG WEEKLY PRESS AND
The evidence having been concluded, Mr. Johnson, for the defence, submitted that upon the evidence it had been satisfactorily proved that the defendants were justified in the course they adopted in removing the cock- lofts. As he had stated on the previous day the law on the subject was contained in by-law 22, and on that by-law the Board relied. It had reference to infectious diseases in neigh- bourhoods and houses, and the question was whether those particular houses came under the description given in the by-law. Dr. Clark, in his evidence, said it was necessary to remove woodwork in some cases in order to prevent the spread of the disease, and counsel submitted that the Board were justified, in order to obtain thorough cleansing of the houses, in doing what they did. It was necessary to have proper ventilation, and therefore the cocklofts were cut away in order to get at the windows. If his Lordship thought the defendants were not justified under by-law 22, the question of the amount of damages had to be considered.- Counsel submitted that the money paid into Court was amply sufficient to pay for the damages. Speaking of the section of the Code relating to payment of money into Court counsel quoted section 8 of Ordinance 5 of 1856. "Payment of money by a defendant into Court shall in no way soever be deemed an admission of the cause for which such action may have been brought." It had been stated by the solicitor for the plaintiff and elsewhere that this was A test case. It was nothing of the sort, as there was no right to be tried here at all. The simple question to be tried was whether through the entry the plaintiff had suffered damages. Counsel asked his Lordship' to give a verdict
for the defendants.
Mr. Hastings said the real point was a ques- tion of principle. Was the action of the Sani- tary Board in pulling down the plaintiff's cock- lofts within the powers conferred on them by the law of this colony, or was it ultra vires and consequently illegal? The Board could have acted under the by-law and they could have lifted the boards in order to cleanse and disinfect them and then put them back again, but there
WAS
no justification in pulling down the cocklofts and taking them away. No evidence had been given as to whether the wood was burnt.
His Lordship-I do not think that bears on
the case at all.
Mr. Hastings thought it did, as it might explain the removal of some of the boards which were not apparently ordered to be removed by the Sanitary Board. It was possible that after the constables and the soldiers had gone away they admitted they left the coolies there- some of the coolies took a fancy to these boards, removed them, and took them away in a cart. That was perfectly possible, and some of the tenants of 86 and 88 had sworn that the boards were taken away by some of the gang. The coolies might either have sold them or used them for their own purpose in some other way. The Board had no right under the by- law to pull down the cocklofts. Cleansing was making clean and not pulling down and burning, and disinfecting was removing infection. Dr. Clark, in his evidence, had ingeriously said that the cocklofts were removed for the purposes of disinfection, because pure air was thereby let in at the windows, but the Court must be bound by the ordinary plain meaning of the word. The Board ought to have gone to the Mugis- trate for power to remove the cocklofts and therefore counsel asked for a verdict for the plaintiff.
Judgment was reserved.
11th July.
HO YUN TIN v. J. W. KEW AND CO.
Plaintiff claimed $300 from the defendant for damages sustained in a collision.
Mr. E. J. Grist appeared for the plaintiff, and Mr. J. Hastings (of Mr. V. H. Deacon's office) represented the defendants.
It will be remembered that some time ago the plaintiff brought in action against Cheung Hoi, the owner of the steam launch Kwongchoi,
for damages sustained to a cargo junk while in tow of the launch. Ho Yun Tin, who is the owner of cargo boat 216, on the 28th April engaged the Kwongchoi to tow the cargo boat to the steamer Wuhu, which was lying in Yau mati Bay. While nearing the Wuhu the cargo boat was run into by J W. Kew & Co.'s water boat No. 2. The plaintiff sued the owner of the Kwongchoi for damages amounting to $375, on the ground that the Kwongchor was responsible for the collision. Judgment, how ever, was given for the defendant, and plaintiff now sought damages from Messrs. J. W. Kew & Co.
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Mr. Grist said the plaintiff bad set down his claim at $300. Defendant had admitted liability and had paid into Court $75 as suffi- cient to satisfy plaintiff's claim. He wished to reduce the claim from $300 to $208, and he except the amount of damage. took it there was nothing now to consider Evidence was then given as to the amount of the damage suffered by plaintiff.
Judgment was given for the plaintiff for $130 with costs.
i
:
MURDER OF A POLICEMAN.
dirt.
ANOTHER ARMED THIEF IN THE COTY
Y
At a quarter to ten on the morning of the 12th July a Chinese constable, named Lai Tak Sing,
J
No. 218, was shot whilst endeavouring to catch a thief in a narrow lane off Gage. Street, and the wounded man now lies in a dangerous condition in the Government Civil Hospital. The cir cumstances of the case remind one very forcibly of the murder at Wanchai except that yester- day's crime was, if anything, of a more daring kind, having been perpetrated in the centre of the city in open daylight and in the presence. of many people. It seems that soon after nine o'clock in the morning a man went to the Central Police Station and complained that his jacket had been stolen from kim by one Lai Mit. Constable 218 was told off to arrest the thief, who is well known to the police. In Wellington Street the lukong met a man who knew Lai Mit, and he asked him to point out the thief. The man just then saw the wanted criminal walking along the street and he
·Both ut pointed him out to the constable. once went towards Lai Mit, who ran away on seeing that he was followed. He was chased into Gatzlaff Street, then into Gage Street, Graham Street, Lyndhurst Terrace, Gutzlaff Street again, and then into a narrow lane running from Gutzlaff Street into Gage Street. Here the pursned one turned round and pointed a revolver at the informer, who was a few yards behind and who immediately dropped back into a doorway and so sheltered himself from any attack. The constable, how ever, to his great credit be it said, kept up the chase, and on seeing that he had not been cowed by the threat with the revolver the thief pointed the weapon at his pursuer and fired. The bullet struck the lukong in the left side of the abdomen, and rendered him practically helpless. He courageously stood up, pressed one hand against the bleeding wound, blew his whistle as loudly as he could, and then dropped with exhaustion. The people in the street were all Chinese, and not one of them offered any assistance or thought it worth while to chase the would-be murderer, who conse quently got clear away before another constable arrived on the scene. News of the crime very quickly reached the Central Police Station, and as soon as possible, the whole of the detective staff and several other police officers turned out and commenced a search for the would be murderer: The wounded lukong was taken to the Government Civil Hospital, where he died at 4 a.m. on the 14th. On the 13th his depositions were taken. He detailed the circumstances of the chase and said that he was within about three yards of the thief when the shot was fired. The assailant carried his re- volver up his sleeve and so adopted the same
tactics, પ્રક the Wanchai murderer. The criminal got about ten minutes start of the police, but fortunately he is well known to most of the officers, and if he has not left the colony, which is not looked upon as likely, he will in all probability be captured.
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July 16, 1898,
EXECUTION IN VIUTORIA GAOL..
Ma
angements nded
On the morning of the 7th- Tung Foong, who murdered man at Wanchai onthe hanged in Victoria Gaol. The for the execution had beencar and were in every way satis culprit met his fate without He seemed to be quite dazed his face was flushed, and he was in a fever of perspi stion: and doubtless he did not quite realize what transpiring. Owing to his attempt to commit suicide in gaol by cutting his wrist his quene was cut off some days ago to prevent him from strangling himself, and as he walked on to the scaffold his loose shock of shortened hair gave him rather a wild, unkempt appearance, Ho was supported by two warders and a warder also acted as executioner. Absolutely no time was lost and death was instantaneous. Lethbridge, the Superintendent of the Gaol, saw that the extreme sentence of the law was properly carried out, and Dr. Bell, the medical officer, and three representatives of the press were also present. In the afternoon Hon. Com- mander Hastings held the inquest. The jury- men were-Messrs. F. N. Firth, M. Jones, and F. X. Ozorio. Chief Warder Craig spoke to witnessing the execution, and Dr. Bell said that death was caused by dislocation of the spine, verdict in accordance with the medical evidence was given.
SERIOUS COOLIE TROUBLE ·
AT AMOY.
THE
"
REDPOLE GUNS PLACED READY
FOR ACTION.
[FROM A CORRESPONDENT.]' In Amoy we (the British) live in the piping times of peace, and to see Nordenfeldt guns placed in a conspicuous position on the Bund naturally excites considerable animation. Sach 8 sight presented itself to the writer Wednesday, the 8th inst.
Owing e
request of the Consul H.M.8. Redpole arrived and her crew was displayed to the no slight amazement of the inhabitants of Amoy, and, let us hope, to the terror of the mal contents.
Messrs. Tutterfield and Swire having had ca pise to change their present coolie-con- tractor, much intimidation had taken place, so much so that the fresh coolies working were in great trepidation lest the former coolies should take revenge; hence the guard in front of
Messrs. Butterfield and Swire's.
1
Although the redoubtable guns were not used, the gallant tars kept order, and woe to the hapless coolie who pushed his way through the crowd, for short would have been his shrift. Jack had been ordered to take the last resort.
The Taotai arrived about 4 p.m. and the crowd considerably increased. What his determination will be is not known, but the merchants of Amoy rely upon the gallant commander of the Redpole to quell any serious trouble with the Coolie Guild.
In a private letter the following note on the same incident is given.-Quite a lot of excite- ment has been cansed in getting the new con
tractor for Messrs. Butterfield and Swire's work. The old employes repeatedly threatened to break out in open violence against new comers. The old hands lurked about the nar- row streets waiting to fall upon their fors, and they would have smashed a few skulla it the Redpole had not arrived. It was really a fine sight to see two Nordenfeldts placed ready for action, marines walking on sentry duty, Jacks planted at the back of the guns, and H.B.M. Consul wearing an eager air. As soon as the Redpole goes then will come the tug of war for the coolie guild is very strongTMTM2,000 of them-and they will be desperate, Taotai or no
Taotai.
The Secretary of the Punjom Min Limited, advises us that he has following cable from the Mine, of the cyanide clean up ( plant ran fifteen days. tailings yielding £1.138. 3d. per oz.