322
chor and communicate again with Hongkong so as to get you relieved before proceeding on her voyage. We therefore order your certificate us engineer to be suspended for one year.
ASSAULT ON THE S.S.. PHRANANG."
UNCOOKED POTATOES CAUSE TROUBLE.
THE HONGKONG WEEKLY PRESS AND
THE BUTLER WRIGHT CASE.
THE APPLICATION AT SHANGHAI FOR CHANGE OF VENUE.
The following affidavit was made for a chauge of the venue of trial to Shanghai by the accused, in support of an application:-
I, William Butler Wright, of Shameen, Canton, in the Empire of China, make oath and say as follows
The second officer of the German steamer
1-I have been committed for trial upon four Phranang summoned the head cook of the same vessel before Mr. F. A. Hazeland at the Magis-several charges of larceny of sums of $21,526, $13,000, $5,0 0 and $4,000, money of and belong- tracy on the 8th inst. on a charge of assault.
ing to His Imperial Majesty the Emperor of China.
Complainant informed the Court that the po- tatoes for dinner were not properly cooked, and when he went to complain to the defendant, the latter got cheeky. Witness raised his hand as though to strike, and the cook dealt him a blow on the eye with a saucepan.
His Worship drew complainant's attention to the swollen face of the cook, and asked how he had been damaged.
Complainant said the second engineer did that afterwards.
The second engineer was called, and testified to hearing the altercation in the galley. When he entered the cook feinted as though he was going to hit him, and witness took away the saucepan. Thereupon the cook looked round in search of some other weapon, so the witness struck him five or six hard blows.
Defendant's story was that when the com- plainant entered the galley he attempted to strike him, and he raised the saucepan to defend himself. The lid flew off and hit the com- plainant on the eye. The second engineer then
entered, and after the officers had given him a good beating they locked him up.
His Worship said he would inflict a lenient fine, as he believed the defendant's story. The cook had been badly treated in an unwarranted manner by the complainant. A fine of $10 would be imposed.
on
A NEW TERRITORY ROBBERY.
UNWIELDY EXHIBITS.
[October 11, 1909. first time that his interpretation of the Regula- tion was erroneous.
•
Judgment was delivered on July 24th, when the accused was acquitted. In giving the reasons for the judgment, says the Japan Chronicle, the Court points out that the official indictment in this case is to the effect that the accused, who was a police officer, presided over the execution of a penalty of 81 blows, extend- ing over the 13th to the 16th May, passed on Chin Fuk-an_ and seven others on a charge of gambling. In executing the penalty of flogging, it is necessary for the officer in charge to obtain medical examination of the condition of the criminals in order to ascertain if their health will allow them
to
bear the punishment provided by the 2--Upon learning the case for the prosecution Regulation, unless the services of a doctor are it appeared that the Managing Director of the unprocurable. The accused had ignored the Canton-Kowloon Railway, the representative of Regulation and omitted this process, though the Emperor of China in this matter, in no the services of a doctor could have been way consented to the institution of this pro-procured, and decided on his own responsibility secution, but that the same was instituted 'upon that the men could bear the infliction of the the personal initiative of one Frank Grove, penalty. He had accordingly carried it out, Chief-Engineer and a fellow employee with me and thereby caused three of the criminals to of the railway.
die. The accused was well aware of the 3--I have been arrested on these charges provision of the Regulation, and yet he had without notice and without being given any omitted to comply with it. In this he was guilty opportunity to offer any explanation of matter of serious carelessness, In fully examining the in acconut, and I believe that in the institution case, however, it must be borne in mind that it is of this prosecution as well as in its conduct, a a fundamental principle of law that any action or certain amount of animus and personal feeling decision of a Government authority must always towards me has played no inconsiderable part.be regarded as legitimate or valid and that such This personal feeling against me extends action or decision can only be invalidated where throughout the whole of the Shameen where it is possible to cancel or amend it. If, therefore, I have many enemies and absolutely no friends. any omissions were made in the process of a In proof of this I may state that though I have decision issued by a court of law or in the resided there for 24 months, have been a mem-execution of such a decision, the decision or the ber of all the Clubs, taken a prominent part in execution of the decision would be valid, and the life of the place and done kindnesses to the only course left to be taken by the parties many, I have found on my arrest no persons concerned would be to seek redress or relief from to come forward and give the necessary the court of law. This principle applies to the security to enable me to be released; from carrying out of the penalty of flogging in this case, It is also a fundamental principle of law custody.
that Government officials are not responsible for the result of the execution of a Law or an Ordinance, except in cases where provisions are made to the contrary. A distinct provision exists to this effect in Article 35 of the Criminal Code in regard to criminal cases.
"Acts performed in accordance with the Laws and Ordinances, or in carrying on one's lawful and proper business, are not punishable.) The action of executing the flogging penalty is the exercise of the State's right to punish law-breakers, and it is quite natural that such a penalty should cause pain to the persons punished, and that their bodies should be affected in some way. Such an effect must be expected from the first in the nature of the penalty. If police officers who have presided over the execution of a penalty be held crimin- ally responsible for injury caused to the bodies of criminals in consequence of the execution of the sentence the result would be ridiculous. In considering the facts set forth in the official indictment, it is evident that they are the result of official action by the accused' done in virtue In consequence his action should not be punished criminally, though he may be to dis. subjected by administrative means
At this point the ciplinary punishment. case is mature for decision, and there is no need to establish the relation between the deaths and the flogging.
4. The matter of my arrest and charge has been fully discussed in all the Clubs and bars of the place and although the public, which is very small and limited to about one hundred persons, have not yet been told my side of the story, they all seem to be fully convinced that I am guilty.
Before Mr. J. R. Wood at the Magistracy
the 8th inst. Yeung Wong Kai and.
3 In consequence of the above fact and in Mak Chun were indicted on a charge of armed view of all circumstances of the case I con- robbery, with others not in custody, at Lam-scientiously believe that it will not be possible sha-n, New Territory, on the 13th.ultimo. for me to obtain fair and impartial trial before
a jury of my fellow-countrymen in Canton.
The Judge, not without some reluctance, refused the application."
Inspector Robertson prosecuted, and Mr. Davidson (of Messrs. Hastings and Hastings) appeared for the second defendant.
His Worship-What exhibits have you got, Inspector Robertson ?
Inspector Roberston-Torches and weapons. His Worship-And cattle ?
Inspector Robertson-They are at Kennedy Town.
His Worship-Not in the Police Compound? Inspector Robertson-We could not very well bring them up.
The Inspector then informed the Court that the robbery took place at a village on the 13th ultimo, and amongst other property stolen were two bullocks, which were found in the possession of the second defendant, and which the com- plainant identified as his.
Complainant then informed the Court that on the date mentioned, at 11 p.m., a hole was forced in the door of his residence, a torch was pushed through, and two men followed it.. The door was then opened and other men entered the house. All were armed. They proceeded to ransack his dwelling, and departed with the greater part of his wardrobe, besides taking
three buffaloes and two bullocks.
Further evidence was heard, and the case adjourned.
At the last meeting of the Kulangsu (Amoy) Municipal Council a letter was read from the Mixed Court Magistrate submitting a proclama- tion concerning singing girls, &c., for the approval of the Council. The Council approved the issue of the proclamation, but the Secretary was instructed to call the Mixed Court Magistrate's attention to the fact that all proclamations for publication within the Settle- ment of Kulangsu must be issued in the name of the Kulangsa Municipal Council, in whom the power of making and issuing Police and other Regulations is vested.
DEATHS FROM FLOGGING IN FORMOSA.
TRIAL OF A POLICE ÎNSPECTOR-TEXT OF
JUDGMENT.
The trial took place some time ago in the Tainan Court of Shiina Minosuke, an assistant police inspector in the Choshusho branch of the Ako District office, Formosa, on a charge of manslaughter, but the case was dismissed.
In reply to questions by Judge Uno, the accused stated that, while serving as a police officer in the Choshusho branch of the Ako District Office, he arrested Chin Fuk-an and seven other Formosans on a charge of gambling and subjected them to flogging, the punish- ment being continued for four days. About 3 p.m. on May 17th last, after the sentence of flogging had been carried out, Chin Fuk-an
died, another criminal, To Kau, succumbed
of the law.
The Procurator appealed on the 27th July to the Supreme Court from the decision by which Shiina was acquitted.
MANILA'S NEW TARIFF.
Hitherto invoices for goods entering Manila have had to be accompanied by a solemn declaration. The tariff now, in addition to
the following day, and still another about 5 a.m. on May 23rd. In his interpretation of the Re-. gulation relating to flogging, the accused under- stood that it was not necessary to have criminals examined by a doctor to ascertain their physical altering the duties, requires in regard to con- condition when flogging was imposed. At the time sular invoices that they must be executed the punishment was meted out, Chin and the two
in quadruple, instead of in triplicate, others who died appeared to be in the best of
as before. Quantities must be stated in terms health. All the criminals had been subjected
of the Tariff Act. That is to say, that to flogging for the four days, each being given
where goods: are on the basis of weight, 81 strokes, and no medical examination of their condition was instituted. Subsequently the measurement must be stated in the metric accused received a report from a policeman that system, and where they are on the basis three of the men flogged had died. Thereupon the metric system also. It is also required that of liquid measure, quantities must be stated in he carefully read the Flogging Regulation and assured himself that he was authorised to inflict invoices must be sworn to, so the penalty on his own responsibility. On sending goods to Manila from Hougkong will
have to swear to such goods. being examined by a Procurator, he saw for the
that traders.