166
witness entered the room the prisoner left and the small boy applied tobacco to the wound.
He was certain the blow was struck with the side of the hammer and not with the face, as Dr. Moore stated.
Cross-examined-Prisoner and the deceased lived together, and he knew of no reason why the prisoner should wish to injure the deceased.
The boy who brought the hot rivets said the prisoner was at the side of the deceased and not behind him when he struck three blows with the hammer and not one. He also stated that the deceased was standing upright at the time he was struck and not crouching.
A
Mr. Orr said he would not call witnesses. more unreasonable and unjustifiable charge never was brought before anyone, and if the jury were going to hang a man upon such evidence as that produced he was very sorry. Every witness had told a different story and Counsel would not insult the intelligence of the jury by addressing them upon the charge.
Sir Henry Berkeley having addressed the jury,
The Chief Justice told the jury that it was the prisoner's duty to explain how the murder happened. If the jury accepted the Crown facts it was prisoner's duty to explain as far as he could the malice.
The Foreman-Have we no alternative but murder?
His Lordship-No.
The jury returned after an absence of twelve minutes.
The Registrar-Are you unanimous ? The Foreman-No.
The Attorney-General-They must be unani- -mous in a capital charge.
His Lordship-They must be unanimous. The Attorney-General-They must retire again.
His Lordship-You cannot push this. Really there is no shadow of a case.
The Attorney-General-I feel very strongly the other way. The matter is out of my hands.
His Lordship-You have done your best. The Attorney-General The jury must either return & verdict or be discharged. Your Lordship was asked by the foreman whether there was no alternative to a verdict of murder which carries death. As a matter of fact the jury can always return a verdict of manslaughter.
His Lordship-Yes, but not on these facts. Sir Henry Berkeley-The facts are for the jury-not for the Court. It is within their competency to return a verdict of manslaughter if they think it consistent.
His Lordship-I think it would be in- consistent with their duty if they did so these facts.
The Foreman-If we can bring in a verdict manslaughter we can consider it again. will be unanimous.
on
of
We
His Lordship-If you brought a verdict of manslaughter I should ask you to return to your room and reconsider it.
The Attorney-General-On the facts there is no reason why we should not have a verdict of manslaughter.
His Lordship-It is impossible on your facts. The Attorney-General-One man is seen to strike the other. It is competent for the jury to return a verdict of manslaughter if they
wish.
His Lordship-I agree -on these facts: where the evidence for the Crown is consistent, but where the stories told by two witnesses are incon- sistent it is impossible that I should accept such a verdict. I cannot exercise any force over the jury. Gentlemen, I must ask you to go back to your room.
The Foreman-It is no use retiring. His Lordship-I think the jury had better go back again.
The jury again retired. On their return, they were asked:
Are you unanimous ? The Foreman--No. The Attorney-General-I would suggest you discharge the jury, my Lord.
His Lordship (to the jury)-You can go. The Attorney-General-You can discharge the panel I do not propose to proceed any further. I do not propose to present a further indictment The prisoner can be discharged.
The prisoner was then discharged.
THE HONGKONG WEEKLY PRESS AND
NOTES FROM JAPAN.
FROM OUR OWN CORRESPONDENT.]
Tokyo, August 3rd.
THE GREAT FIRE AT OSAKA.
In one of the busiest, poorest, and most crowded parts of Osaka, where houses are crushed together and the streets so narrow that one could stride across them, where scores of small factories, carrying on a trade unhampered by factory regulations, make cheap goods for the China market, is a "stockinet" factory, where oil is used for lighting purposes because of its cheapness. In the kitchen of this establishment at daybreak on Saturday morning the sleepy maidservant upset the lamp and it fell to the floor where stood the oil-can from which the lamp had been replenish ad. In a moment the kitchen was filled with flames. The master of the factory had no time to do anything but save his mother, wife and son, for in an incredibly short space of time the flames, caught by a fresh wind, spread from house to house in that crowded district, spread- ing panic among people; nor did the conflagration stop until a waste three miles in length and half. a-mile broad had been created in the city of
Osaka.
+
PROGRESS OF THE FIRE.
appears
(August 21, 1909.
Nippon 3,000,000 2,250,000 600,000 None Tokyo 10,000,000 2,500,000 480,605 None Yoko-
5,000,000 1,250,000 * 650,000 12% hama
an
In addition, there will be the losses of the foreign companies, for the Japanese concerns have to contend against keen competition from
As the leading English corporations. example of this, the enterprising Okura Company of Tokyo, who are agents for the Norwich Union and other English concerns, advertise that they are prepared to take risks at a rate lower than that of the Japanese companies, and it is therefore conceivable that foreign concerns also are interested in tho Osaka fire.
With their enormous vested funds the English companies are in a position here to carry on a very effective campaign, and future success will depend in a large measure upon the showing the Japanese companies make in the present crisis, for their losses are not as small as the above table clearly indicates.
THE CHINA QUESTIONS. Attention is so concentrated on the Osaka disaster that little is reported in the papers about a conference which took place on Sunday morning at Prince Ito's official residence in Tokyo. There were present the Prince, the Premier, the Minister for Foreign Affairs, and the Minister for War. At the same time the report comes from Dalny that 10,000 Chinese troops have been dispatched from Mukden to Chientao. There is no that a crisis is arriving in Japan's relations with China, but the official attitude here is one of confidence, despite the most alarming reports
Manchuria. from
[The announcement of Japan's intention to proceed with the recon- struction of the Antung-Mukden railway forth- with was doubtless the result of this Conference.
ED.]
Hovel and warehouse, fine public. buildings and matsheds, all were destroyed in the course of 26 hours, when the fire had burned itself out At the height of the destruction the wind was blowing a hurricane. The hydrants gave out at the outset, for after a long drought there was not sufficient water supply, and it that no means were taken to make use of the numerous rivers and canals that run through Osaka, The firemen were reinforced by the troops of the Osaka Division. Blocks of buildings were pulled down in the hope of checking the fire, but the high wind carried the burning sparks over the gaps and the outbreak started afresh. Unable to check the progress of the fire all efforts were turned to the man- agement of the panic-stricken population and the saving of furniture. The existence of the entire city depended upon the will of the wind, burning embers being carried high over the house-tops. It was at one time feared that the famous Tennoji shrine would be destroyed, al- though beyond the fire limits, but the temple was saved by extraordinary exertions. It was covered entirely with matting, on which was thrown a constant supply of water, and in this
be English. the ancient structure was saved from fugitive sparks. At about six o'clock on Sun- day morning, 26 hours after the outbreak, the fire had burned itself out, the wind having fallen in the meantime, and the attention of the authorities could be turned to the housing and feeding of the homeless, of whom there were
way
scores of thousands.
LIABILITY OF THE INSURANCE COMPANIES.
doube
THE HYDRO-ELECTRIC ENTERPRISE. An influential meeting was held in Tokyo on the 8th ult., when it was decided to proceed with the work of flotation of the Anglo-Japanese Hydro-Electric Syndicate. The idea was first mooted about two years ago, but owing to the condition of the money market it was decided to postpone organisation until a
more fav- ourable opportunity. This opportunity has now arrived, and the English capitalists having expressed their readiness to begin work, the Tokyo promoters telegraphed desiring them to send engineers. One of the great objects of this company is the supply of the Tokyo Electric Railway Co. with power. Half the capital will
CRUELTY TO SOLDIERS. The Japanese, who have been styled the Frenchmen, and who have called themselves the Englishmen, of the East, certainly follow the German ideal in their military life, and the great fetish of the army is the god of discipline, the personification of certain regulations laid down for the training of soldiers, and the inculcation of the bushi spirit. How far blind, unreasoning obedience to regulations can do harm to the rank and file has been demon- strated during the past month in different parts of the country where the troops have been exposed for long periods to the heat of the sun under conditions which appear brutal in the extreme. On the 16th and 17th ult. the 8th Infantry of the Osaka Division carried out a forced march of nearly 30 miles fully equipped, each man (or boy, for some are little better than boys) carry- ing 80 lbs. with the temperature at blood heat.
The majority of those whose homes and places of business were destroyed were not insured against fire, but the losses of the insurance companies are nevertheless heavy, and policy- holders will be fortunate if they can get satist faction. Within the burned zone are no less than twenty-eight cho (wards) and machi, (districts), each cho and machi containing within itself scores of small streets. The principal buildings destroyed are the Appeal Courts, a fine foreign pile, whose comparatively isolated situation attests the fury of the fire; Kwaisei Hospital, Dojima Exchange, Meteorological Observatory, Higher Commercial School, Com-informed his captains that the honours of mercial Museum, Prefectural Laboratory, City Post Office, Local Courts, residences of Govern or and high officials and a host of banks, offices and other business premises. The chief build- ings mentioned here were all in foreign style, large and well-equipped and all, presumably, insured. It is impossible just yet to gauge the loss of the insurance companies, but those most heavily interested are the Nippon, Tokyo, Meiji, Kyodo, and Yokohama companies. For a fire of
such extent it seems a conservative estimate to
place the insurance losses at 10,000,000 yen, and the following are the chief features of the accounts of the companies at the end of last year
Subscribed
•
capital. Paid-up. Reserves. Div. Kyolo 5,000,000 1,250,000 297,447 None Meiji... 1,00,000 750,000 1,196,228 20%
·
Prior to the march the colonel in command victory would go to the company which arrived first at its destination in good marching order without any stragglers This had the effect of rousing the competitive spirit. The march was begun and in the course of a few hours, during which time the soldiers in the rear particularly
the
were stifled with heat and dust, the exertion told upon the strongest. Scores of the weaker · men fell out by the wayside and were hurried back to hospited, a few to die, others to become raving lunatics. It appears they were not allowed drinking water en route, for fear of
but typhoid,
native tea was permissible, and this was served out in quantities that wouldn't quench the thirst of a mouse. Long after sundown the troops were marching, and the first to arrive at its destina- tion was the 11th company, which covered 121 ri in 11 hrs, 5 min. The last company in took