1
130
have said: to live, as more vigorous nations understand life, is something other than the Middle Kingdom has yet attained. Russin, ruled by TOLSTOY, would not out- last even one cycle. Some time ago, in one of the silly seasous, the Home papers were quoting a faldist who asserted that somno- lence was the secret of longevity. The more men slept, the longer they would live. We have not since heard of any popular move, ment in the direction of hibernation. The prospect of a nation of dormice was not sufficiently alluring. Preach S they will, these cranks who prate of the elimina- tion of desire do so "by desire." If they were so much in love with quiescence, they would not be to anxious to revolutionize the laws of nature. It, however, does not require philosophic terminology to justify the strong man rejoicing in his strength, the woman happy in her comeliness, or the child laughing at the sunshine. A recent American humorist makes "Uncle Eb" believe that when God's gin a thing "t' ev'rybody, He must think purty mid- dlin' well uv it. The trouble with mos' folks is they fly tew high. Alwuss oughter keep nigh enough't the groun' so ye can tech it handy with one foot."' We're Christians up to a sartin' p'int. Fer one thing I think ef a man 'll stan' still 'n see himself knocked in t' the nex' world he's a leetle tew good fer this.'
"C
(
44
翼多
There is really nothing more to add to that, except that a great, sane world seems to share a like opinion, and to act on it.
HONGKONG JOTTINGS.
THE HONGKONG WEEKLY PRESS AND)
the Y.M.C.A. branch at Hongkong." As the Strait Times remarks, Hongkong has long been the dumping ground of all the beachcombers in the Far East, but while sympathising with us in our affliction, it hopes that 'we will not pass any more of our proletariat on to Singa- pore. Evidently, there is room for a branch of the Y.M C.A. in the Southern port where the practical application of the injunction ye one another's burdens" is so flagrantly discouraged. We do not recommend readers to place credence in the fellow's statement. is not likely the YM.C.A. officials would so advise anybody. ED.)
(15th Angust.) Considerable progress has been made with the building of the new Law Courts, which are certainly much needed, but new Courts for the magistrates I consider to be a question of even greater urgency, though I am not aware that the Government has even considered the need up to the present. Anyone who is acquainted! with these Courts will readily understand how it is that one sees not infrequently in the news-
Bear
It
There is going the rounds just now a story. which is curious whether true or not; namely, that a
man who deserted from the Service recently made himself up so as to be unrecognis. able and then joined the local police. Certainly there would not be much point in the story if it ended there, but the funny thing about it was that the very first charge he got from his superiors when he went on patrol was to arrest himself, the deserter, with a description of whom he was supplied. Whether he took himself into custody or not has not transpired.
During those choppy days in the harbour which have been experienced of late, the need for some landing.place for sampans on the Kowloon side has been made more than ever patent. It does not so much matter about the belated Victorian who misses the last ferry, for it is generally his own fault if he has to risk walking that 12-inch plank to the lighter or getting down the perpendicular ladder on the Praya wall to the sampan. But when anyone wants and sometimes ladies do-to get from Kowloon to a steamer lying in the stream one has either to come to this side first or else risk the same embarkation dangers, which are had enough in daylight and really terrible in the dark.
1
The Star Ferry Co. are doing a great deal to improve their service. They are making arrangements to run later boats than at present. and will start a five minute service when the demand justifies such a step. The ferry-boats credit alike both to their themselves are a owners and the Hongkong and Whampoa Dock Co.. the builders. During rain-showers everything is done that could be done to protect passengers who do not care to go in the cabin from the rain; and men are constantly employed
{August 22, 1904.
SUPREME COURT.
Saturday, 13th August.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGE.)
DAMAGES FOR WRONGFUL IMPRISONMENT.
Augustas Mason sued A. C. Davis for $1000 for wrongful imprisonment and malicious pro- secution. Mr. H. K. Holmes, solicitor, appeared for the plaintiff, and Mr. H. G. C. Bail-y of Messrs. Johuson. Stokes and Master, solicitors. for the defendant.
Mr. Holmes in his opening statement said that on the 26th July, about seven o'clock iu the evening, near the Hongkong Hotel, defen- dant gave the plaintiff into custody stating
that he had stolen his watch and chain. Plain- tiff was taken to the Police Station and de. tained till the following morning, when the Magistrate heard the case and dismissed it.
The depositions taken by the Magistrate having been put in.
The plaintiff was called. Ho deposed that he was the representative of the Manila and Philippines Directory, and was also connected defendant about a week or ten days before the with the advertising business. He first met the 18th July and had been to his room about twice. They were not particularly friendly. On the 26th ult.. they were having a drink together in the public bar of the Hongkong Hotel, when suddenly Davis remarked that he could not leave the hotel as he had all the doors guarded. Witness laughed at the joke, whereupon Davis in a loud voice said that he had his watch and chain. Witness answered that he did not care for jokes of this kind and told him to stop it. Davis was intoxicated, so witness left the hotel in disgust. He walked out to Queen's Road and whilst passing the Clock Tower, he was stopped hy a Sikh police constable. He was taken to the Central Police Station. charged. and divested of all he had in his possession and
locked
Afterwards he was offered in a cell. up bail in 82,000. but at such an hour he could not obtain it. As the result of his appearance in the Court he had suffered in his business as an advertisement canvasser.
Mr. Bailey, for the defence, said he was in a very awkward position as his client was away in
could not wait.
papers the paragraph that one or other of the swabbing the decks and wiping the seats. There Shanghai. He was a commercial traveller and
magistrates has been indisposed and unable to attend the Court. I venture to say that in no office in the Colony do Europeans work under conditions so detrimental to their health as do the magistrates in their Courts. Still I think the magistrates are themselves to blame to some extent. In the larger of the two Courts for instance I have counted as many as thirty-five prisoners squatting in the dock, wedged as
is one little matter, however, I want to complain of, and that is the absence of lights at night
The deck is left in darkness, or almost so. for it requires a second light to discover the sooty kerosene lamp in the cabin. Many passengers would like to read their papers on the ferry.
of the writ?
His Lordship asked if he had left after service
Mr. Bailey-Yes, my Lord.
His Lordship-He ought to have stayed. Mr. Bailey for the defence submitted that the plaintiff had not proved malice as he was bound to in a case of false imprisonment. Defendant charged the plaintiff because he honestly be-
The B. & A. Department is doing excellent work in making our streets look more present- tightly as sardines in a box, the filthy prisonerable. The little trees planted by the tram lines tiered him to have stolen the watch and chain. cheek by jowl with the clean. Behind the dock in the Western District give the place quite an rail usually stand an equally densely packed attractive appearance. Trees are being planted nothing to gain by the prosecution and had had
in the streets wherever there is room for them.
crowd of the prisoners' friends, and as electric fans revolve only over the magistrate's bench and the solicitors' table, and prisoners and public are at this time of the year bathed in perspira-
As was announced in these columns the other tion, the imagination of even the least imagina day, the ex-Namhoi Magistrate, after his trial tive reader will be capable of realising something at Macao. has been handed over to the authori of the hygienic conditions of the Court. Ities in Canton, on the usual condition, insisted do not know why so many prisoners are brought upon by European countries and America. in into Court to listen, under the conditions I have extraditing prisoners to China. that he shall described, to cases which do not concern them, not suffer torture or capital punishment. Yet but the packing of thirty-five prisoners in a
a Hongkong man just down from Canton tells squatting position. into a dock which I suppose
me that he saw the ex-Magistrate, dressed in does not measure more than 12ft. by 4ft, silks, sitting on the bridge near Shameen with appears to me, apart altogether from hygienic
a huge wooden collar round his neck; an considerations, simply disgraceful in a British
common talk among the Chinese there that the Court of Justice. I have seen it in no other
unfortunate man was to be beheaded in a few days.
Court in Europe or in Asia, though I have to own I have no acquaintance with the native Courts of China, whence the practice may have been copied; it is certainly un- -English. [The Chinese courts. either pure or Mixed, are not disgraced in comparison.-ED.]
The Y.M.C.A. is no doubt fulfilling a very useful mission in Hongkong, but I had an inadequate idea of its usefulness until I read the other day in a Straits paper that a stowaway who came before the Court there "had confided in Captain Buller. of the Kumsung. that he had been recommended to stowaway on his ship by
it was
BANYAN.
The cotton mill owners in Kansai district believe that the war will decidedly promote the consumption of Japanese goods, especially cotton textiles. in China. Prompted by this belief, states the Japan Times, the Miye Boseki Kaisha has ordered 700 looms, the Osaka Boseki Kai- sha 800 looms, and the Wakayam Boseki Kai- sha 85 looms for weaving purposes, and other cotton mills are following this example. All of them will be able to turn out cotton fabrics early next year.
He was not actuated by any malice and had
no quarrel with the plaintiff. He quoted several judicial opinions and argued that the plaintiff had failed to show malice.
Mr. Holmes in his reply said that the defendant had acted in a most reckless manner.
my
His Lordship in his judgment said it appeared that the parties had known each other for some time, and that on July 26 they met in the While seated at a table Hongkong Hotel bar. with two other persons defendant said to plaintiff. I have got the place watched. I have got the doors guarded. You have taken watch and chain." Plaintiff treated the remarks as a joke and subsequently left the hotel. When he reached the Clock Tower he was hailed by an Indian constable, with whom the Defendant instructed was defendant. constable to take plaintiff into custody and Here accompanied them to the Police Station. plaintiff was searched. articles being taken from his person, and cast into a cell, where he was forced to remain until the next morning, seeing that he was unable to get the amount of bail required. 2.000 cash. On the charge being laid before the Magistrate defendant expressed a wish to withdraw it, but the Magistrate At tiffin time compelled him to go on with it. the cuse was adjourned- until the afternoon, but defendant did not put in an appearanes and the plaintiff was discharged. A private person was
•
庭