Page
June 27, 1904.
Opium Farmer. When he obtained any opium from the Farmer entries were made in hooks and a record of the sales was also entered. Au excise officer checked his books and the amount of opium in the divans every day. The excise officer came on the 19th and took his opium away at 12 o'clock at night. He witness, was arrested next day. He bought his opium to the amount of 100 packages at a time. He did not employ the men who made the imitation wrap- pers and chop; they were employed by his foki. After other evidence had been given counsel addressed the jury and his Lordship summed
up.
The jury found the prisoner not guilty on the first count by five to two; and guilty of illegal possession of opium to which a false trade description had been applied.
por-
CHINA OVERLAND TRADE REPORT.
Court or the Magistracy. His Lordship passed sentence of three months' imprisonment with hard labour upou both prisoners accordingly.
This concluded the sessions, and the Court rose shortly before four o'clock.
:
Friday. 24th June.
IN SUMMARY JURISDICTION.
BAFORE HIS Hoyota T. SERCOMBE SMITH
PUISSE JUDGE).
A FAMILY AFFAIR.
F. . Hurley sued R. C. Hurley for $430. being money belonging to the plaintiff. held by the defendant. The plaintiff was represented by Mr. D. V. Steavenson, of Messrs. Deacon. Looker and Deacou, solicitors.
Plaintiff when called stated that the money med for was held in trust for him by defendant, and that he had made application to him for it, but defendant refused to give it up.
His Lordship in passing sentence said he had to deal with the prisoner not for being in session of opium. but for having in his possession opium to which a false trade descrip.e tion had been applied. He would take into consideration the fact that prisoner had been in gaol since 19th May and would sentence him to one week's imprisonment with hard labour and to pay a fine of $250, or in default six months' imprisonment.
ANOTHER OPIUM CASE,
Fung Man. Leung Ying and Fung Cheuk were charged with having on 19th May unluw- fully applied a false description to a quantity of dross opium in imitation of the labels used by the Opium Farmer.
They pleaded not guilty and were undefended. The following jury was empanelled: :-- Mesars. E. W. Terry, C. H. Falloon. A. A. 7. von | Stockhausen, P. R. Wolff, E. S. Josephi, H. Elmer and Chow Dart Tong.
Mr. H. A. Burke was called to the jury. but failed to appear.
His Lordship directed the Registrar (Mr.¦ A. Seth to see that the absent juryman was summoned and that he filed
affidavit accounting for his non-appearance.
The Attorney-General in opening the case said that prisoners were arrested about half- past ten o'clock on 19th May in a room in an opium divan by an excise officer who had gained admission by giving the secret password which -resulted in the door being opened. The excus given by the prisoners before the Magistrate was that they had just recently come down to Hongkong from Canton and that the owner of the divan employed them to put on these labels.
!
Evidence having been given. the jury un- animously found the prisoners guilty as libelled. His Lordship in imposing the sentences said the prisoners knew they were carrying on an illicit business in that divan with locked doors at night. If they had been wrapping up opium in a legitimate fashion. in an honest way, they would have worked in the daytime and not in a locked room at night. The maximum punishment for this offence was two years, but he was not going to impose that term; perhaps they were a set of ignorant men and the tools of others. His Lordship sentenced them each to nine months imprisonment with hard labour, to commence at the end of the three months' imprisonment which they were at present undergoing for some other offence. The packages and apparatus would be forfeited to be disposed of as the Government decided.
THREE MONTHS FOR PERJURY.
The first and second prisoners, Fung Mau and Fung Cheuk, were afterwards dealt with for having committed perjury.
Defendant admitted that he had the money. but said it had been put in trust with him for ais nephew (the plaintiff) because he was not able to look after it himself. This action was the result of a quarrel between him and his nephew.
His Lordship said he had nothing to do with the cause of the action. Defendant had ad- mitted that he had the money and had not given it up. Judgment for plaintiff with costs.
Saturday, 25th June.
IN SUMMARY JURISDICTION,
BEFORE HIS HONOUR T. SERCOMBE SMITH (PCISNE JUDGE.)
OVEN DOORS.
The Robinson Piano Company sued the proprietor of the Café Weissmann for the cost of four oven doors and certain firebars valued at $100
Mr. H. W. Looker. of Messix, Deacon. Looker and Deacon, solicitors, said in his opening statement that be Hoogkong and China Bakery Company sold a pint of ground at Wanchai, on which their bakery stood, to the Robinson Piano Company, and before it was taken over the Bakery Company lease it for a mouth to the defendant. Iuside of the premises was a good deal of machinery and apparatus for the making of bread. Some of this was purchased by defendant, who, however, distinctly refused to buy the ovens fixed in the walls of the godown at 140, Wanchai Road. Inside of these were a number of firebars forming part of the fixtures of the building. Subsequently four oven doors and a large number of the ebars were ta.en away by Mr. Weissmann. through his servants, and when called upon to return them, or pay the plaintiffs $100. he practically refused to do so. He was written to about it, ad replied that it was rather insolent suggesting he had taken things which did not belong to him.
478
HONGKONG VOLUNTEER
CORPS.
REPORT ON THE TRAINING SEASON 1903-1904. Major-General Villiers Hatton, the Officer Commanding the Troops, in forwarding Major Pritchard's report on the training of the Corps, says he was much pleased with the firing he saw carried out; also to know that some of the corps took part in the recent mobilisation of section II of the defence. He has information that the engine and light required will be here
STRENGTH OF THE CORPS.
Major Pritchard in his report says: On the April 1st. 1903. the total strength of the corps was 274, but of this number, 24 (17 artillery, 4 engineer company, and 3 band) were written off during April as resigned, absent, and not likely to return to the colony. or for other reasons, thus leaving the total number to commence the year at 250.
The total strength of the corps on 31st March, 1904, is 230 (including Chinese orderly room clerk of this total, 10 (8 artillery and
engineers will shortly be written off. leaving the actual total to commence the season 1904- 1905 at 220, the falling off of 30 in addition to those written off in April each Mar ** " follows:--
Artillery companies 28. engineer company ; leaving totals as follows:-Staff &, artillery companies 188, engineers 21, baud 3.
I attribute the falling-off in the artillery units to the same cause as last year, namely, the heavy Garrison artillery work and distance to go to drill at the forts, which has now been overcome, and in the engineers to the long distance to go to the work and the fact that the shed promised at Kowloon has not yet been fitted up.
The question of headquarters the numbers,
also affects
During the past season 1 member has died, 66 have resigned (28 in Colony and 3 on leaving the Colony). 13 have been struck off as absent without leave and for other causes. Thirty-eight new members have been eurolled.
EQUIPMENT.
There has been no alteration in the equip- ment of the corps since last season; but the C. R. A. has kindly placed two additional 15.Pr. B. L. guns (making four altogether) at the temporary disposal of the corps.
One of these is kept at the Taikoo Sugar Works to enable the men there to drill with them without coming to the headquarters, and the remaining three are kept in the rerundah outside the headquarters.
Accommodation under cover for these guns is badly wanted; at present a watchman has to be kept to look after the guns at ni ht and they add greatly to the inconvenience so often reported on at the present headquarters.
2
It has been decided that the corps is to be armed with the new service rifle; the corres be expected to be issued about November, 1904. pondence on this subject stated that they might
Mr. Duncan Clark, of Messrs. Lane, Crawford & Co., liquidators of the Hongkong and China Bakery Co., and Mr. S. D. Hickie, assistant at the Robinson Piano Co, gave evidence in supportingly good throughout the season. of plaintiff's claim. Mr. F. X. d'Almada e Castro. solicitor. proceeded to argue defendants' case. pointing out that Mr. Weissman deniedharing removed the doors and firebars. Even if he had done so the premises were not the property of the plaintiff at the time the articles were alleged to
DISCIPLINE, TRAINING, ETC. The discipline of the corps has been exceed-
have been removed.
The Paisne Judge said he was satisfied the things were removed by the act of the servants of defendant, and that they had no right to take He adjourned the case in order that certain documents might be produced.
them
|
Drill with the heavy guns as to Stonecutters' Island was carried out during the early part of the season, and drill with the 15-Pr. B. L. guns and maxims at headquarters all through the
year.
Maxim practice was carried out frequently petition for Sir W. J. Gascoigne's shield) and in camp, on January 9th. January 23rd (com- February 16th.
15-Pr. B. L. gun practice was carried out on January 9th and on February 16th, 1904, with very good results.
His Lordship said that by their statements that morning (while giving evidence in the case of Man Cheng) they had committed a most elabo- rate and uncalled for perjury. They had told the Magistrate that they were employed by this man to pack opium. That morning, in order to get the man off, they turned round and said that he had nothing to do with this opium and that it was his foki who employed them.
His Excellency the General Officer Com- The Chinese Government has apparently not manding was present on February 16th, 1904. the foki who had disappeared. Man abandoned all hope of refloating the Haitien, as On each occasion of gun practice the men were Cheung had been sent for trial upon their the N.-C. Daily News is credibly informed that changed round continually so as to test their statements. Then they had got him found not negotiations have been opened up with a well-efficiency to the utmost and the barrel targets guilty by saying he had nothing to do with this known Liverpool wrecking firm for the dispatch were sunk in each case by the ranging rounds opium. To commit them for perjury would of a complete and powerfully equipped salvage before fuzing so that the greater part of the only be taking up the time of the Court. But plant. Apart from the expense of such an practice had to be carried out at small pieces of there was an Ordinance under which he had undertaking, it is very doubtful whether the wreckage and the reports clearly show that the power to sentence to three months' imprison-Haitien, lying in her present awkward and accuracy of shooting was excellent. ment anybody who committed perjury or made exposed position, will survive
the coming contradictory statements, whether before that typhoon season, our contemporary says.
During the coming season it is proposed to fire some of the series at longer ranges.
F