Eeptember 30, 1907.]
there was an almost nightly disturbance outside this brothel. O the night of August 17th a number of his friends were walking along Queen's Road with deceased, when they met a body of man at the junction of Queen's Road and Water Street, who attacked them. The first lot of men ran away, the deceased with others running towards Des Voeux Road and French Street. They were followed by the two accused, the first of whom was seen to strike deceased on the face. Decessed cried out and fell down, and according to the evidence of witnesses, the first | accused inflicted a number of stab1 on him.
When the case had been in progress for about an hour, Mr. Piens, one of the jurors received word that his wife was seriously ill. When he made this fact known to the Court his Lordship adjourned the case until 2 p.m.. and asked Mr. Piens to return by that time, if possible, and if he could not, to send word. As the juror was unable to return his Lordship discharged the rest of the jurors, and intimated that be would call a fresh jury and proceed with the case to-day.
Tuesday, September 24th.
IN CRIMINAL Jurisdiction.
BEFORE ME, A. G. WISH (ACTING CHIEF JUSTICE).
THE FRENCH STREET MURDER.
with murdering one. Tam Taoi, in French The trial of Kwok Chiu and Tse On, charged Street, West Point, on August 27th, was continued. The new jury empanelled consisted of Messrs. W. Helms, M. Jebsen, W. Glenden- ning, H. A. L. Oldenberg, A. Ohme, G. Gittins and H. J. Colahan,
Mr. W. Rees Davies, Attorney-General instructed by Mr. G. E. Morrell, Crowa Solicitor, prosecuted, and Hon. Dr. Ho Kai, instructed by Mr. R. A. Harding, appeared for the defence.
The Attorney-General informed the jury of the facts in the case, making an opening statement on the lines of the one reported yesterday, after which evidence was called for the Crown.
When evidence for the defence bad been heard Counsel addressed the jury and his Lord. ship in summing up directed the jurors t acquit the second prisoner, leaving only the first to deal with. If they believed the evidence, they could either bring in a verdict of man- slaughter or murder. In his opinion it was murder, as the quarrel was of some standing and the result of the fight was a death which was caused by stabbing.
Was
The jury retired to consider their verdict, returning into Court after an absence of four minutes. They found the first prisoner guilty of manslaughter and the second not guilty. The second man discharged. In passing sentence on the first his Lordship said the jury in their discretion had found him guilty of manslaughter. He was not cavilling at the verdict at all but at the same time he had to take care that this offence did not become too commor. The prisoner would be sentenced to seven years' hard labour.
Wednesday, 25th September.
IN SUMMARY JURISDICTION. BATORE ME. A. G. WISE (PUISNE JUDGE),
AN UNSATISFACTORY CASE.
Bhola Singh saed Rhan Singh to recover an amount due for goods supplied. The claim as set out in the writ was for $10.55, being as to $9.95 for milk and $1.20 for minerals supplied. Mr. J. H. Gardiner (of Messrs. Brutton and Hett) appeared for plaintiff, and defendant appeared in person.
His Lordship What do you call minerals? Mr. Gardiner-Soda water, lemonade, etc. His Lordship-Oh! mineral waters, Plaintiff informed the Court that he had supplied defendant with milk and soda at his request, and each time when he applied for pay- ment defendant put him off.
His Lordship-What is the amount of your claim ---$12 for milk, and $9.27 for sodag
CHINA OVERLAND TRADE REPORT.,
His Lordship-It is not that on the writ P— Then it is the solicitor's mistake.
Bussan Singhb, an ex-watchman on the Kow. loon-Canton Kailway, told the Court he knew the defendant was supplied with the milk and soda.
Defendant-The witness lives about four miles away from my place.
Defendant then entered the box and told his Lordship a feud had arisen between him and the plaintiff because the latter was not allowed to go on the railway line. Defendant was the No. 1 watchman and had received instructions from Mr. Logan to arrest the plaintiff whenever be found him on the line. Subsequently he arrested the defendant who was taken to Taipo by three or four officials and at the Police Court there fined $50 for trespass. Witness did not owe the plaintiff any money.
M. Gardiner-Didn't you have the milk delivered you daily ?—No.
I suppose you drink milk ?—No. Plaintiff, recalled, admitted being fined $50 for trespassing on the railway, bat denied that defendant arrested him. It
a police
sergeant,
WAS
His Lordship-I don't think the oase can stop here. These are most unsatisfactory cases and I am never per.ectly satisfied in my own mind.
Mr. Gardiner-I have another witness, my Lord.
His Lordship-It is this way: if the defend. dant is speaking the truth as to arresting the plaintiff, it shows a grudge.
it, I will ascertain who actually arrested the Mr. Gardiner-If your Lordship adjourns plaintiff.
His Lordship-I think that is the best way. I will adjourn the case and you can bring it up in Friday's list.
Thursday, September 26th.
IN SUMMARY JURISDICTION,
BEFORE MR. A. G. Wisk (ACTING CHIEF JUSTICE).
A SPECIAL DEFENCE.
Lam Wing brought action against the Po Song firm to recover $584, being principal and interest due on a promissory note. Mr. R. Harding appeared for the plaintiff, and Mr. B. A. Harding for the defendant.
Mr. B. Harding said the claim against the defendant was as endorses of a promissory note made by the defendant firm, or in the alternative the claim was for money lent. Mr. Harding first wished to ask his Lordship whether the note in question was a promissory note, because if it was not he had not sufficient evidence to proceed with the case as the original lender was absent.
His Lordship held that the note was a pro- missory note.
Mr. R. Harding-That being the case, my friend gives notice of a special defence, ་་ want of consideration." Having received that notice I wrote to my friend asking him for particulars as to whether it was total or only partial want of consideration. In reply I received a letter stating that the defendants received no con- sideration for the instrument sned upon in this action.
defence, we have received no money and say Mr. R. A. Harding-In addition to the other
it is a forgery.
Mr. R. Harding-If it is a forged obop no consideration is possible.
Plaintiff then gave evidence as to the loan and in cross-examination was asked if he knew the address of one Hau Kee, who endorsed the note. Plaintiff said he resided at Shek Leung. but could not give his address. Later, he said be had written to him to ask him to come to | Hongkong
His Lordship-What did you do with the
wall? letter? Did you hang it up outside the city
Plaintiff said he sent it to a certain rice
shop, from which place he thought it would
reach Hau Kee.
After further evidence was called the case was adjourned.
Friday, September 27th.
195
IN SUMMARY JURISDICTION. BEFORE MR. A. G. WISE (ACTING CHIEF JUSTICE).
LI CHI-CHIN AGAIN.
Three more actions were added to the long list brought against Li Chi-chin, whom his Lordship recently held to be a partner in the Tak Li Lung firm. The claimanta were Chinese firms, and the aggregate amount for which they claimed was $702.16. Judgment. with costs, was entered in each case, and execution stayed pending appeal on Mr. J. H. Gardiner, defendant's solicitor, promising to furnish security as in the previous cases.
A TRIASURY CLAIM.
Mr. G. E. Morrell, Crown eolicitor, acting on behalf of the Colonial Treasurer, brought action against Doolittle and another to recover $49.86 due for rates.
His Lordship-The first man is in Vladivo- stook, isn't he?
Mr. Morrell-Is he ?
His Lordship-I believe so.
Mr. Morrell then proved his claim and judgment was given against the defendants with costs.
CLEARED UP.
His Lordship had no further doubt as to whom judgment should be given against in the case in which Bhola Singh sued Rhan
heard, the defendant alleged that the plaintiff milk and soda. When this action was previously Singh to recover the sum of $10.55 · ue for
brought the action against him because the defendant, who was a watchman at the railway, was obliged to arrest the plaintiff for trespass. This the plaintiff denied, and his Lordship adjourned the case to enable Mr. Gardiner, who appeared for Bhola Singh, to make inquiries.
The Indian sergeant who arrested" plaintiff was called, and said he did so on the information of the railway. Judgment was entered for plaintiff with costs.
ST. ANDREW'S SOCIETY.
The annual meeting of the members of the Hongkong St. Andrew's Society was held on September 27th in the City Hall, The Hon. Mr. Chatham presided in the absence of the President, Mr. T. Hough. There was a fair attendance. The report was adopted on the motion of the Chairman, who made a sympathetic reference to the loss the society had sustained by deaths, after which it was decided to celebrate St. Andrew's Day by a ball held on the same lines as last year, the event to take place on the Friday night instead of Saturday, Mr. Shewan was unanimously elected president on the motion of the Chairman, seconded by Mr A. G. Gordon and the Hon. Mr. Chatham was appointed to the office of vice-president. Mr. W. Armstrong, to the regret of the members, was unable to continue as secretary, Mr. Munro was elected his successor, and Mr. Fraser was re-elected treasurer. The committee was composed of Hon. Mr. Keswick, Messrs. J. R. Smith, R. Mitchell, E. F. Mackay and W. Armstrong. With the replies of the newly elected officials and a vote of thanks to the retiring secretary, the proceedings terminated.
THE SWATOW REBELLION CASE
As
With reference to the note on the front page announcing that the Straits Chinese propose to present a petition to Sir Frederick Lugard for the liberation of In Kai Shing, we learn that the Bon Dr. Ho Kai, who received a telegram from the Straits acquainting him with the intention of the Chinese there, has handed the cable to Mr. Otto Kong Sing who is soting for the prisoner. It will be for him to decide what advice should b› given to the Straits Chinese in the matter. The Hon. Dr. Ho Kai, who moved for the writ of habeas corpus, only did so in the absence of Sir Henry Berkeley.
One thing seems clear, that the Straits Chinese would hardly be so much interested in the fate of a mere armed robber. This petition offers more than a presumption that he was a bona fide political offender.