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January 18, 1909,]
Mr. Bailey They were found by the Customs and the ship's crew at Sydney.
Mr. Almada-It is obvious that they could not have hidden themselves without the assistance of somebody, consequently they are not guilty in the first degree.
Mr. Bailey-In a case in connection with the C. P. R. Mr. Hazeland inflicted the full penalty. His Worship-But the stowaways found on the Aldenham were not prosecuted.
Mr. Bailey-I understand they paid their passages.
His Worship I cannot quite reconcile the attitude adopted by the Shipping Company, I cannot understand why they should ask for the maximum penalty in one case and not prosecute
in another.
Mr. Bailey-I understand that in the Aldenham case the passages were paid.
His Worship-I daresay a good many of these men would be willing to pay their passages. Mr. Bailey-They are stowaways, and I would ask for the full penalty.
Mr. Almada-I think, on the other hand, the officers of the ship were rather negligent in not keeping a better lookout.
Mr. Bailey--Since this case the Commonwealth has passed special legislation with regard to stowaways.
Mr. Almada-If the ship had been better watched, none of these men would have got away. Mr. Bailey-Unless the full penalty is inflict- ed, it pays the Chinese to go trying to get men in. Formerly the shipping companies were fined £100 if a man was landed; now they are fined £100 for each man found on the ship.
His Worship-I am quite prepared in these cases to inflict heavy penalties if I am satisfied the shipping companies will prosecute, but if they prosecute in one case and fail to do so in another, it is hardly fair.
Mr. Bailey-I know nothing about the Aldenham case, but I take it the Company had very good grounds for not prosecuting.
Mr. Almada-I would ask your Worship to take into consideration the fact of the Company not having kept a proper watch before the ship left.
Mr. Bailey-The ship was searched two or three times.
Mr. Almada---And I would ask your Worship to seriously consider the fact that the defendants were not responsible in the first degree.
His Worship sentenced each of the defendants to nine months' imprisonment with hard labour.
TRU K COOLIE'S INCARCERATION.
•
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Friday, January 8th.
$
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
A PENDING LIBEL ACTION-INTERIM INJUNCTION GRANTED.
Sir Henry Berkeley, K.C., who was instructed by Mr. O. D. Thomson, moved the Court of behalf of Chan Kung Yui and Chan Yu Shi for an interim injunction pending the trial of an action for libel restraining Lam Kok Sang, his agents or servants, from printing, publishing or selling a book entitled "Chan Fong Po."
Counsel stated that Mr. Chan Kung Yui was a married man, and in this Colony there was a publication which gave the names and accom- plishments of females in the demi monde in the hinese world. This book also con- tained portraits of the persons who were mentioned in the letterpress. Among those persons appeared a portrait of the plaintiff's wife, who was herself a plaintiff. terrible or grosser libel it would be impossible to conceive than putting her in such almanac-an almanac of the prostitutes of the Colony. Of course the court would only grant injunctions in libel where the injury was serious, but nothing could be more serious than this.
A more
8.71
His Lordship Her husband will not have cause of action.
Sir Henry Berkeley-He is coupled with her. His Lordship-He is suing as an independent plaintiff?
Sir Henry Berkeley-Yes.
His Lordship-I doubt his cause of action. I will grant the application but amend the writ. Sir Henry Berkeley ask that they-I would writ be amended by striking out the name of the male plaintiff.
His Lordship-I see no objection to the case being supported by the affidavit of the plaintiff's husband. I mention the matter in case it should be taken hereafter.
&
His Lordship-Does the book bear the name the publisher ?
the
Sir Henry Berkeley-No, but there is an affidavit showing that it was bought at office mentioned. Counsel then read the affidavit of Mr. Thomson which showed that in a bond under the Newspaper Ordinance the defendant was described as the printer and publisher of that particular paper.
His Lordship granted the order applied for.
IN SUMMARY JURISDICTION.
BEFORE MR. H. H. J. GOMPERTZ (ACTING PUISNE JUDGE).
A DISPUTED LOAN.
Action was brought by S. Greenfield against F. L. Vernon for the recovery of $76.70 due for money lent.
Both parties appeared in person.
S. Greenfield deposed to lending the defen- dant in the years 1906-07, but he could not cash, to pay for furniture and clothing, and the remember the dates. He advanced him 870 in
36.70 was for work done at plaintiff's factory. Witness had had no repayment, and had received no interest.
Plaintiff was cross-examined by defendant. member the year, but I remember lending you Was I in the Colony in 1906 P-I d .'t re- the money to buy furniture.
Defendant then took the witness stand. He stated that in October 1906 he was in receipt of reserve pay of $90, and was employed at Quarry Bay. With that money he bought furniture, and then removed into one of Mr Greenfield's houses. In January last year he was sued for $30 odd by Chung Cheong. Being in difficulties at the time, witness asked Mr. Greenfield to keep an eye on his furniture while he attended the Court. The bill in plaintiff's possession were handed at the time by witness.
His Lordship-This bills (produced) says you borrowed $50 from the plaintiff ?--No, my lord. I
gave it to him simply to defeat the execution.. That's a rather serious matter:-The money was paid up shortly afterwards.
You
say the plaintiff's story is absolutely trumped up ?-It's purely a fabrication.
Plaintiff, recalled, was examined by his Lordship.
Don't remember in what amount you lent
you these sums?-There are living in my houses who have always been in so many Europeans
the habit of coming and borrowing a dollar or two that I can't remember dates. In this case I would not have prosecuted only the defendant lied to me so often. He made many promises, but never offered to pay me a cent.
Sir Henry Berkeley then proceeded to read the husband's affidavit which stated that he purchased a copy of the book at The Worlds News Office on January 6th. The book, which purported to contain portraits and des- criptions of prostitutes in Hongkong, had on опе of its pages the portrait of 3 woman alleged to be called A Choi, who was described brothel at Shektonsni. This photograph was
as being a prostitute in
tiff's wife (Counsel could only assume that the exact reproduction of the first plain.
some enemy had sent this portrait to the publisher). She was married to the plaintiff according to Chinese custom, and her father was formerly compradore to a merchant at
His Lordship (to defendant)-You admit you hefoo, and was at present a merchant in Tien-handed over these papers to defeat an execution. tsin. The first plaintiff's father was formerly That is a fraudulent purpose. compradore of the Hongkong Club for 30 years. The second plaintiff was not, and never had been an inmate in a brothel.
Counsel remarked that his Lordship would
spectability. see that that people were persons of re-
A curious story was told to Mr. J. R. Wood
• at the Magistracy on Jan. 11 when a native and his wife, who reside on the second floor of 26, Albany Street, Wanchai, were placed before his Worship on a charge of assault. A coolie, it appears, was pushing a truck along one of the lanes running off the Praya East. In front of him a number of small boys were gambling on the road. As he approached them he hailed them to make way, and the youngsters, grabbing their cash, got off the road, only to return and proceed with the game before he had passed. One of the boys, in grabbing for a cash, got his hand run over with a wheel of the truck and went home wailing to his parents. The coolie, on the following morning was enticed to the house of the defendants who locked him up and told him they would not liberate him until he paid them $30. After some delay the coolie agreed to do this, but the paremts were not of The World's News, dated January 6th, as Sir Henry Berkeley stated that in the edition satisfied and raised the price of the ransom to advertisement appeared saying that the book $60. This amount the coolie could not raise, could be obtained there. It was a book that so he was kept a prisoner for that day, and was anybody could buy, and its very purpose would not supplied with food or drink.
In the be defeated unless it was widely circulated. It evening, according to his story, six or seven was a book produced for the purpose of advertis- men were called in and gave him a thrashing.ing the charms of the ladies of the demi His screams of
save life" attracted the monde. police, and the defendants were arrested. Yesterday his Worship ordered each defendant to pay a fine of $10, and bound each over in the sum of $50 to be of good behaviour for six months.
Private information has reached Manils from Washington, D., to the effect that the Navy Department will order the entire First Provi- sional Regiment of Marines, now on duty with the Army of Cuban pacification, to the Philip- pines, on the evacuation of Cuba.
affidavit with regard to the last paragraph of His Lordship said the plaint.. should file an
her husband's affidavit.
official translation of the letterpress.
His Lordship I think I ought to have some
<
were nearly finished. They did not rely on the Sir Henry Berkeley said the translations
words being libellous. On the cover of the book appeared the words
The Chan Fong, Po: A Chronicle for those in search of fragrance." In other words, it was a guide book to the demi monde. Then it ran on with a detailed account of the beautiful faces of the prostitutes whose pictures appeared, together with a short history of their lives.
would not give me an acknowledgment unless I He says you never lent him any money.-He
lent him some.
not.
You say his story is not true?-Certainly
Defendant-It was not exactly fraudulent. In that case why didn't you get these papera back at once?-I told defendant to tear them up. They were of no further use. Judgment was entered for plaintiff.
Monday, January 11th.
IN BANKRUPTCY JURISDICTION.
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
THE FATE OF A DISORDERLY HOUSE.. application for a receiving order. He stated Re Stella Brumfield, Mr. O.D. Thomson made that the liabilities were shown at $2,200 and the assets to $2,000. The assets consisted of house- hold furniture and might be easily realised,
His Lordship-What is she? disorderly house at 49 Hollywood Road,
Mr. Thomson-She is the the keeper of a
His Lordship-It is hardly worth bankruptcy. There is only a difference of $200 between assets and liabilities.
Mr. Thomson-She is being pressed by one or two creditors. It is the only way.
furniture.
His Lordship-I see it is the household
The application was granted.