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May 29, 1897.]
HONGKONG SANITARY BOARD.
A meeting of the Sanitary Board was held at the offices on Thursday afternoon. Dr. J. M. Atkinson (Acting Colonial Surgeon) presided, and there were also present Hon. F. H. May (Captain Superintendent of the Police), Hon. W.Chatham (Acting Director of Public Works), Dr. Clark (Medical Officer of Health), Mr. N. J. Ede, and Mr. H. McCallum (Secretary).
DOMINUTES..
The minutes of the last meeting and of the special meeting were read and confirmed..
-PLAGUE IN FORMOSA,
From April 28th to May 4th, inclusive, there were 58 cases of plague in Formosa and 47 deaths.
PLAGUE IN MAÇÃO,
On the 24th April Mr. Herbert Goffe, Acting Vice-Consul at Macao, wrote stating that a few. cases of bubonic plague had occurred at the Italian Convent. On the 5th May he wrote stating that the plague was gradually dying out, there being from time to time only a few sporadic cases. The general health of the colony was good and the death rate normal. On the 10th May Mr. Goffe reported that the Official Gazette gave 37 deaths from bubonic plague during the month of April, and on the 18th May he reported that bubonic plague still existed in Macao to a small extent, a few cases occurring daily; but there were no signs of any marked increase.
The following minutes were appended.—- The CAPTAIN SUPERINTENDENT OF POLICE I do not quite understand why we have not advised proclamation of Macao and medical in- spection of vessels arriving from there.
13
The PRESIDENT "A few cases is rather indefinite and it would be better if we had figures.
CHINA OVERLAND TRADE REPORT.
ACTING VETERINARY SURGEON'S REPORT.
Inspector Fisher, who is acting for the Colonial Veterinary Surgeon, reported that during the quarter ended 31st March two cases of rinderpest had occurred in a cattle shed at East Point. Immediately the disease was dis- covered the cattle affected were slaughtered and buried.
MORTALITY RETURNS.
417
Mr. Francis-Were those orders in writing P Witness - Y
Yes.
Mr. Francis-I must object to any evidence as to what he recollects about the contents of a written document.
Lieutenant Stewart The witness is on his
oath.
The President-I do not think it is necessary to have the written orders. This witness states he gave money for certain purposes.
Mr. Francis-A Court-martial is required by the Army Aot to observe all the rules of
For the week ended the 8th May the death rate was 19.6 per 1,000 per annum, as against 27.9 for the corresponding period of last year. For the week ended 15th May the rate was 18.9, as compared with 28.7 for the correspond-and according to those rules no witness is at ing period of last year.
ADJOURNMENT.
The Board adjourned until next Thursday.
IMPORTANT COURT-MARTIAL.
A SERGEANT CHARGED WITH ACCEPTING FEES.
INTERESTING DISCLOSURES,
On Saturday morning a court-martial was held at the Garrison Library to enquire into charges brought against Sergeant Fretter, D. Company, West Yorkshire Regiment. The Court was composed of Major Hanham, R.A. (Fresident), Captain Mould, R.E., and Lieute- nant Ingpen, W‚Y.R.
The charges were (1) taking a fee in respect. of the sale of merchandise brought in a barrack in which prisoner had authority, and (2) being guilty of conduct to the prejudice of good order and military discipline.
Lieutenant A. F. Stewart, W.Y.R. (Adju. tant), prosecuted, and Mr. J. J. Francis, Q.C., defended the prisoner.
Considerable interest was taken in the pro- ceedings, several of the officers of the West Yorkshire Regiment being present.
The COLONIAL SURGEON-As the informa- tion we have on the 5th inst. is that there are only a few sporadic cases occurring, I do not advise proclamation of Macao at present. If the cases should increase in Lumber this will be necessary.
On the Court being opened Mr. Francis ob- Two or three members thought it would bejected to the form in which the charge was better if figures could be obtained.
made. He said he was entitled to so object under the provisions of section 32 of the rules of procedure, which read-"The prisoner, when required to plead to any charge, may ob: ject to the charge on the ground that it does not disclose an offence under the Army Act or is not in accordance with these rules." Under Section 40 of the Army Act no charge could be made of conduct to the prejudice of good order and military discipline if the first offence charged was in violation of any specific provision in the Act or in the rules. The first charge made against the prisoner was for a specific offence under Section 23 of the Army Act and therefore no charge of the character contained in the second charge was admissible.
The CAPTAIN SUPERINTENDENT OF POLICE -You can never get the truth from Macao. In 1895, when they had plague, they denied it right up to the very end. They said there was no plague in the city. No more there was in the old Portugnese City except in a very small portion of what you might call the Portuguese quarters. The native city is really outside the Portuguese city and it was full of plague patients. And they went on telling this white
The MEDICAL OFFICER OF HEALTH-Do you think if anyone went over there we could get definite information P
The CAPTAIN SUPERINTENDENT OF POLICE -He could get it at the hospital.
The MEDICAL OFFICER OF HEALTH-Would they allow him to go there?
The PRESIDENT-He would have consider- able difficulty because Dr. Lowson had some difoulty.
The President said the first charge was made under Section 23 and the second charge was an alternative one made under Section 40. If the first charge was proved then the prisoner would not be found guilty of the second charge.
Lieutenant Stewart also pointed out that Section 6 of the rules provided for the framing of two or more alternative charges.
The Court conferred in private and on pro- ceedings being resumed the President an-
evidence which are in force in criminal courts,
liberty to state what he has learnt from the perusal of a document without producing the document. The rule is that the best evidence shall be produced, and the best évidence here is the document.
Witness-I could produce the document, but acting under orders from my senior I did not bring it. The letter is confidential.***
Mr. Francis-There is no such thing as a con. fidential letter in a court of law.
The President then wrote a request to Mesars, Holliday, Wise and Co., asking them to let the witness produce the document, and witness left the court to fetch it.
Major E. C. Mills was then called. He said-When Major Grant Dalton went on leave I took over the duties of canteen president and settled up the accounts for April. There was some delay in receiving the brewer's bill. I went to Messrs. Holliday, Wise and Co., the brewer's agents, and while there saw their books. I noticed a letter-
Mr. Francis objected to any statement as to what Major Mills saw in the books or in the letter unless they were produced.
Witness-In consequence of what I saw I made certain enquiries and a paper was handed to me which I now produce. It is a receipted bill from Messrs. Holliday, Wise and Co. pay- ing to the canteen manager £7 11s. for look- ing after the barrels of stout and beer. It is signed by the prisoner. I at once reported the matter to the General Officer Commanding and he gave directions that Sergeant Fretter should be placed under arrest. Sergeant Fretter has been the manager of the canteen since the Re- giment came to Hongkong. I am not aware that he had any authority or permission to receive money from the brewers. I believe the manager is prohibited by the regulations to be directly or indirectly interested in the sales. Certain account books were kept in the canteen. The regulations provide that no percentage of direct or indirect advantage shall be received from the contractors and that if in exceptional circumstances any money is received on liquor or for articles it should be clearly shown in the accounts,
Mr. Francis When did Major Grant Dalton go on leave ?
Witness-On the 29th April.
Mr. Francis When did Colonel Gordon go. away?
The President-There is nothing about Colonel Gordon here.'
Mr. Francis-I am at liberty to cross-examine
Mr. EDE-If the Consul asked the Govern- ment I think they would allow a man to gonounced that the Court over-ruled the objection. | on any subject. I am not confined to the evi- into the hospital.
The CAPTAIN SUPERINTENDENT OF POLICE It might be tried any way. Mr. EDE-In the meantime we might ask the Consul to furnish reliable data.
The CAPTAIN SUPERINTENDENT OF POLICE -I propose that the Consul be asked to furnish figures and that the Government be asked to
send a medical man to visit Macao.
Mr. EDE seconded. Carried.
Mr. EDE said the letter ought to be worded very carefully, but doubtless the Secretary would attend to that.
The CAPTAIN SUPERINTENDENT OF POLICE -Yon might send the medical man first. (Laughter.)
DR. CHUNG'S VISIT TO THE MAINLAND. Two reports were laid on the table from Dr. Chung, who visited Shun Tak and Tungkan "with a view to ascertaining if there was any truth about the rumour that plague was epi- demic there. His reports were most satisfao story and showed that practically there was no
dlague in the places he had visited.
Lieutenant Stewart then opened the case for the prosecntion and referred to Section 4 of the Rules for Regimental and Garrison Institutes, 1896, which prohibited managers of canteens, grocery shops, and coffee rooms from taking, either directly or indirectly, any personal in- terest in purchases, sales, or profits, or any advantage arising out of waste or perquisites of any kind whatever. He hoped to be able to prove that the prisoner, while acting as manager of the canteen, did receive money, thus causing him to have an interest in the purchases, sales, or profits.
Evidence was then called.
Herbert Grant Smith, clerk in the employ of Messrs. Holliday, Wise and Co., said- Messrs. Holliday, Wise and Ce, are the agents for the Castle Bellingham Brewery. Acting ander instructions I paid to Sergeant Fretter, the prisoner, the sum of $75.50. It was given to him, I believe, as an old custom.
Mr. Francis-Only tell us what you know of your own knowledge.
Witness-I had orders to give the money to the prisoner,
dence at all.
The President-There is nothing here about Colonel Gordon.
Mr. Francis-You are bound to observe all" the rules of evidence that are applicable in the regular course.
I The President-If it has a direct bearing, will take the question.
Mr. Francis-I shall not ask any question unless it has a direct bearing.
At this point Major Mills spoke in a whisper to the President.
Mr. Francis I must object to Major Mills while a witness communicating with the Court in that way.
The President-Major Mills has asked me if he is obliged to anwer that question.
it.
Mr. Francis-If anything is said I must hear
The President-He merely asked me s gues- tion which is per: ctly allowable,
Mr. Francis-It is perfectly allowable if I hear it.
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The President-I will write everything down and then read it over to you.