December 20, 1902:];*
Witness denied that he beat the prisoner or that the other constable put a sword across his neck, but stated that he asked him on the 31st! October about the robbery. The reason he asked him about it was that atter being arrested the prisoner gave him the names of three men who took part in the robbery. When the prisoner was so interrogated he was not beaten nor was a sword put across his neck. There was no truth in prisoner's statement that he had been subjected to such treatment.
The case was further adjourned till to-day in order that the other Chinose constable who was alleged to havo abused the prisoner should b examined.
CHINA OVERLAND TRADE REPORT.
437
Police, as representing the Captain Super- | the damaged portions were pulled dorr. and intendent, to note the remarks fe had made. | rebuilt. Considering the raius that were fall- His Lordship thought the jury were quite righting at the time, witness was sure that the clause in wanting to sift this matter, and be would assist them as far as he could in getting to the bottom of it.
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FOUR YEARS.
Tang King was convicted of attempting an indec ut act and was sentenced to four years' hard labour.
NOT GUILTY.
Chan Tai, a lime-kila worker, was charged with having at Samsuipo on 2nd November, together with another person u ɔknown, assaulted an old man and robbed him of 319.
He pleaded not guilty.
The following jury was empanelled :-H. Varrelmann, G. W. Buider, 8. F. de Jesus, J. Y. de la Bruchollerie, W. M. Deas, D. A. Cordeiro, and A. G G. Gordon.
there that he had money in his possession and was going into the country. On the way home he was set upon by two men, who thrust ashes into his mouth and robbed him of his money. Prisoner was alleged to have been one of the robbers.
The jury, after retiring to consider their verdict, found the prisoner not guilty by five to two.
Prisoner was accordingly discharged. The Court adjourned.
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in the specifications requiring the bricks to be wetted before being used was complied with by the contracto; ho did not know however, whence the latter obtained his supply of water. The water was cut off from building services about Christmas, 1900, but that was after all the brick on these honses was completed. Witness thought that the thickness of the side wall at 45, Praya East, when finished, was 22 inches on the ground floor, 18 inches on the next two floors, and 14 inches on the top floor; he was not sure, however. His opinion was that the collapse was due to the continuous wird and rain which were in evidence months before the typhoon of 2nd August, which typhoon ma- terially aided the collapse. It was very likely that the wind got into the houses. The effect of the bad weather would be to soften the mortar joints. Even if the mortar was good the rain would soften it, and he did not think that ordinary shell lime and red earth mortar could be soaked in water for any length of time without softening it. To a certain extent it
was the case that the batter the mortar the less liable it would be to the softening influence of the rain. At the time of the collapse the age of the side wall would be about 23 months, and the mortar world be set as hard as it ever would set in reason.
ENQUIRIES INTO COLLAPSES OF partner in the firm of Messrs. Leigh and
BUILDINGS.
PRAYA EAST.
On Monday afternoon, before Mr. F. A. Haze- land and a common jury, the official enquiry was resumed into the circumstances attending the fatal collapse at 45, Praya East, on 2nd Angust last, resulting in the death of thirteen Chinese, Mr. F. B. L. Bowley, Crown Solicitor, appeared on behalf of the Government, Mr. H. W. Looker of the architects, Messrs. Leigh and Orange, and Mr. C. D. Wilkinson of the e utractor, Mau Wo. Mr. A. S. Hooper watched the case on behalf of the owners, the Land Investment Company, of which he is secretary.
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On Wednesday afternoon, James Orange,
Orange, was examined. His evidenca was practicilly a corroboration of that given by Mr. Leigh at the previous hearing, and he added that he had not formed any theories as to the cause of the collapse.
Examined by Mr. Looker, witness s id he had previously planned walls of dimensions similar to those of the wall that collapsed, and he had never known of any of them collapsing. The con- tractor Man Wo, who was engaged by witness's firm on behalf of the owners, the Land Invest- ment Company, did his work, generally speaking, satisfactorily, as Chinese contractors went.
R. K. Leigh, also of the firm of Messrs. Leigh & Orange, was afterwards examined by Mr. The jurymen were **** Edwar'o Pereira, Looker, and said that the houses of which No. Albrecht Wilhelm Schellhoss, and Thomas | 45, Praya East formed one were better built Foyan.
than the majority of Chiness houses in the Colony.
His Lordship said that in connection with this caso he desired te point out what in his opinion was the duty of the police. If a man was arrested he should be taken before the Magis. trate with as little dolay as there might be not an unreasonable delay. He should be The evidence was to the effect that the old taken before the Magistrate, say, next day; not man had been at a gambling-house in the even much later than that. Then the Magistrateing of the day in question and had mentioned had power to remand him. But in this case it looked as if the prisoner was arrested on 28th October and was not brought before the Magis- trate till 3rd November, nor was he charged in the charg-room till the 31d. That left a man at the will of the police for five days before the matter was brought before the Magistrate. In b's Lordship's opinion a man ought not to be kept by the police for five days before being brought before the Magistrate. There were .exceptional powers given to the police in this Colony ; people could be arrested here without a warrant in cases where they could not be arrested in England, and very rightly so, because there were such facilities for Chinese of the criminal classes to run away; by the time a warrant could be got out the offender had got over the boundary. Ordinance 14 of 1845, section 16, gave power for the arrest of persons suspected of having committed felony, misdemeanour or breach of the peace. Section 21 of the same Act provided that a prson so arrested should be delivered into the cas ody of the police at the nearest station-hous`, in order that he might be secured until he could be brought before the Magistrate. Tue object of taking him to the station-house was to socure that the arrested man should be brought before the Magistrate. Sometimes such a prisoner might be brought to the station after the Magistrate had completed his sitting and could not therefore be brought before him at once, but there was no reason why he should not be taken as soon as might be. No man should be kept five days before being taken before the Magistrate. As regards the powers of the Magistrate, these were laid dowu very clearly in the Magistrates' Ordinancs. Section 70 gave power to the Magistrate to remand the accused for such time as he might in his discretion deem reasonable, not exceeding eight clear days, to prison or some place of se- curity. His Lordship was not at all sure that in Hongkong-it might be in the New Territory Robert Kenaaway Leigh, examined by Mr. -a place of security meant the custody Bowley, said tht after his return from home of the police. The Ordinance also made on 16th March, 1900, he assumed charge of the it lawful for the Magistrate to remand building of the houses on Marine Lot 117 and the accused for B time
not exceeding Inland Lot 431, and was in charge of it until three clear days, to the custody of the police. its completion. The deviation from the original In this case there were, he thought, three or plan be did not report to the Public Works four remands which were sometimes necessary Department, because he did not require the for the collection of evidence. The accused was permi-sion of the Department to so deviate, brought up on the 3rd November and remanded the alteration having been rendered neces- till the 7th, then from the 7th till the 12th,sary by a new Sanitary Ordinance. Under from the 12th to the 17th, from the 17th to the that Ordinance the provision of a back- 21st; then the case was gone fully into on the yard was require, and although it would 25th. The Magistrate no doubt exercised his have been possible to construct a backyard own discretion as to the time to which he should and at the same time build the s de wall as rema :d the accused. What his Lordship wished originally planned, the measures adopted were to say, however, was that when a man more sanitary. Another requirement of the same arrested by the police without a warrant Ordinance was the providing of windows in the presumed there was no warrant in this case? back wall, which accordingly were constructed. Inspector Williamsou—No, your Lo.dship. As built the houses were stronger than as His Lordship went on to say that then the originally designed, because there was less con- duty of the police was to take the accused tinuous area exposed to any force from wind person so arrested to t'e polico station, and rain. Witness recommended the appoint. in order, as the Act stated, that he meat of Maher, the overseer, who he believed, might be secured until he ould be brought had had previous experience in the building before the Magistrate to be dealt with of Chinese houses. Witness himself visited according to law. His Lordship did not the houses twice a week, and inspected the know any reason why the accused, being different materials, but he was not sure if he arrested on the 28th, should not be charged found fault with the quality of the bricks and before 3rd November-ce:tainly not much later m rtar Luring their erection, parts of the than the 30th. In conclusion his Lordship houses were blown down by typhoons-once in asked Mr. A. Mackie, Chief Inspector of September, 1909, and once in November, 1990;
Was
he
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Frederick George Figg. Acting Director of the Observatory, examined by Mr. Bowley, said that on the day of the collapse there was a typhoon in the vicinity of the Colony. The highest recorded velocity of the wind was registered between 10,15 and 19.45 p.m., and was $7 miles an hour; about ten o'clock the wind blew in typhoon gusts.
Examined by Mr. Looker-Witness should say it was probable that some momentary gusts had a velo ity of 100 miles an hour.
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Examined by Mr. Wilkinson, witness said the contractor, Man Wo, had been employed by him on various occasions, and had always given satisfaction with his work. Witness examined the materials used in connection with the houses, and his opinion of them was that they were good.
He
Following E. M Hazeland, civil engineer, who was examined as to his knowledge of the plans of the houses when he was in the Public Works Department, and who stated that he had no recollection of their passing through his hands, Auqu rao Mober, the overseer, was placed in the witness b related his experience as an overseer of building work and the occupations he had previously filled, and said he was now the proprietor of a hairdresser's shop iu Puttinger Street. He knew what mortar was made of one of ea th and two of lime-(laughter) but was not aware of the number of bricks in a 22-ino's wall. The br cklayers sometimes laid bricks without soak- ing them, and he complained about it.
By Mr. Wilkinson-Witness complained to the head bricklayer, who had the matter put right.
By a juryman-He did not personally attend to his hair-dressing business, lewing that to his employees.
Man Wo, the contracter, was next examined. He said he had been a oɔutractor for 2å years, and that he balt the houses in Wanchai ia accordance with the plan. He himself selected the brick for the houses, which were built of the Nam Kong brick and the Ming Kes brick; these brioks were slightly different in siz^. The morlar was composed of one part lime and two parta red earth, according to agreement. Regarding the supervising of the work, witness looked over it every day. The water for the s turating of the bricks was stored in a pond, and was carried by the bricklayers.