368
The COLONIAL SECRETARY seconded and the Bill was read a third time and passed.
HARBOUR REFUGE *BILL.
THE HONGKONG WEEKLY PRESS AND
Hon. Mr. STEWART-The only thing is that the word temporary
is J
inapplicable. You should make it extra allowance.
The CHAIRMAN-We will make a note of what you say and consider it next time.
SUPREME COURT,
Friday, 15th October.
The ATTORNEY-GENERAL moved the second reading of the Bill entitled 'An Ordinance to authorize the Construction and Maintenance of a Harbour of Refuge upon and over certain portions of the Sea Bed and Foreshore situated upon the Harbour frontage at Taikoktsui, Mong- koktsui, and Yaumati, Kowloon, in this Colony. In doing so he said-It is unnecessary to detain the Council by making any observations in introducing the second reading of this Bill because the title explains itself. I understand the Bill meets with the general approval of the community and it is decided to give the Govern- ment power to carry out the mecessary works and to perform the necessary acts of reclama-sident, for $30 for wages due. tions.
The COLONIAL SECRETARY seconded, and the Bill was read a second time. Council then went into Committee to consider the Bill clause by clause. The Bill was left in Committee.
HIS EXCELLENCY-Council will now adjourn until next Thursday.
FINANCE COMMITTEE.
A meeting of the Finance Committee was then held, the COLONIAL SECRETARY presiding The following votes were passed:
BOTANICAL AND FORESTRY DEPARTMENT. The Governor recommended the Council to
vote a sum of one hundred and sixty-five dollars ($165) in aid of the vote, Botanical and Forestry Department, other charges, type- writer.
AUDIT VOTE,
The Governor recommended the Council to vote a sum of two hundred and fifty dollars ($250 in aid of the vote, Audit Department, Personal Emoluments, Temporary European Clerk.
THE TREASURY.
The Governor recommended the Conncil to vote a sum of one hundred dollars ($100) in aid of the vote, Treasury, Treasurer's Office, Per- Fonsi Emoluments, Northern District, New Territories, Allowance to one additional Police Sergeant as Supervisor of Revenue Collection.
POLICE AND PRISON DEPARTMENT.
The Governor recommended the Council to vote a sum of five thousand seven hundred dollars ($5,700) in aid of the vote, Police and Prison Departments, A.-Police, Other harges for the following items
Burial of Destitute Dead 'Light
Passages and onuses in lieu of
Passages
Total,
$ 200 1,50)
4,000
$5,700
The Governor recommended the Council to vote a sum
of One thousand one hundred dollars ($1,100) in aid of the vote, Police and Prison Departments, C.-Prison, Other Charges, Subsistence of Prisoners.
THE ESTIMATES.
The Appropriation Bill came up for considera- tion in Committee.
Hon. Mr. HEWETT- On the Hongkong Estimates, sir, at page 92, pensions, there is an estimated amount of $810,476 to cover pensions to be granted. Have you any objection to my asking to whom these pensions are to be granted. Presumably it is a very careful estimate, for they are given down to odd conts.
The CHAIRMAN-I don't know the actual officers. Of course the calculations are made when a man is reaching a pensionable age and is likely to go on pension.
Hon. Mr. HEWETT-I don't press the question.
|
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. H. H. J. GOMPERTZ (PUISNE JUDE),
A BOY AND HIS MASTER.
A house-boy sued his master, a German re-
On the case being called, his Lordship asked defendant if he owed the money, and he replied
that he did not think so.
at
His Lordship-Do you owe him anything? Defendant-I dismissed him because different times he has stolen money from my master.
The plaintiff said he had been five months in the employ of defendant as boy at $15 per month, but on the morning of the 1st October defendant accused him of stealing thirty cents and dismissed him, driving him out of the house and giving him five minutes to clear out.
Defendant stated that his companion and he, having suspected plaintiff of stealing money, counted $1.70 one night and placed it in one of his pockets. Next morning before they went to the bath it was intact. Witness watched the room while his companion went to his bath. The boy entered the room and after he left they found that 35 cents were missing,
Defendant's messmate gave corroborative evidence.
Cross-examined-Is it not a fact that you are very careless and have dropped money in the lavatory and I picked it up?-Once he did that. He has taken money at other times.
His Lordship-Did you make a note of the money on this occasion ?—Yes.
}
When ?Before I went into the bath. You did not call the boy and ask for an explanation ?—No.
1
Defendant, recalled, said he saw the boy enter his friend's room. He was watching for him.
His Lordship held there was good reason for plaintiff being dismissed, but gave judgment for plaintiff for $15, being wages for September.
Monday, 18th October.
IN CRIMINAL JURISDICTION.
ALLEGED MURDER.
Li Ng was indicted on a charge of murder. Prisoner pleaded not guilty, and the following jury was empanelled Messrs. G. C. Engel (foreman), J. O. Worster, F. J. Bellion, G. E. L. Hartig, W. J. Hill, P. D. Sutherland and
J. Wilkie.
The Hon. Mr. W. Rees Davies, Attorney- General, instructed by Mr. H. L. Dennys, Jr., from the office of the Crown Solicitor, pro- secuted, and Mr. C. G. Alabaster, instructed by Mr. Hinds, from the office of Messrs. Brutton and Hett, appeared for accused.
The Attorney-General stated that the prisoner was charged with murdering a woman named Li Wing Shi at Samchun in the New Territory on September 13th. Deceased, the wife of a brother of the prisoner ́s, and another woman, who was the wife of another brother, were alone at the time of the murder. It seemed that a fortnight previously the second woman had had a quarrel with the prisoner's wife about some fields. There was no evidence, however, to show that there had been any quarrel between the deceased woman and the prisoner, or between the deceased woman and the prisoner's wife. The prisoner was said to have entered the house occupied by the two women about eight o'clock at night and to have said, "You are both hore now. To-night I will attempt something against you." Forthwith he stabbed the deceased woman in the right buttock from behind with a shoemaker's knife. He then stabbed the other woman, who ran to the house of another person. Subsequently she returned and found her brother-in-law and other people in the house attempting to stop The CHAIRMAN— -It might. The millenium i the bleeding from the wound of deceased. All might occur.
attempts on the part of the people present to
Hon. Mr. GRESSON-Under the head of police you will notice that in nearly every paragraph there is a temporary ration allowance which ap- pears through 1909 and again in 1910. How does that come in ander temporary?
The CHAIRMAN-It was originally granted while the price of food was at a certain price. I am sorry to say the price of food has not gone down and the allowance is still temporary. "on Mr. Stewart-Do you anticipate that it will ?
do so.
[October 25, 1609,
stop the bleeding failed, and at Samchun there was no European 'doctor. At 9.39 p.m. the prisoner returned to the house, and shouted out that if they could not stop the bleeding he would Whether that remark was made in a spirit of bravado or not the speaker did not know, but at all events, the attempts to stop the bleeding were unsuccessful, and the woman died about midnight. Early on September 14th the matter was reported to the police at Saikung, and the prisoner was arrested. On the 15th the prisoner was charged by the police in the usual manner, and made a statement in which he admitted stabbing both women, but alleged that he had some grievance against his elder brother's wife. The case was a simple one, and it was for the jury to say whether a case of murder with malice aforethought had been established. He would submit when the proper time came that the fact of this dispute supplied some kind of motive, and the fact of the prisoner going to another house to get a knife. with which to inflict the stabs supplied all that. was necessary to prove malice aforethought.
After the evidence for the Crown had closed, Mr Alabaster said he did not intend to call
evidence for the defence, and the prisoner, when asked, said he had nothing to say.
Mr. Alabaster, in addressing the jury, said that no motive had been proved. The place where the blow was struck, the buttock, was not a place where a blow would be struck if the prisoner intended to commit a murderous assault. He was sufficiently weak-minded, how- ever, to attempt an act of chastisement in a particularly foolish and silly way. It had not only been proved in evidence that the accused was an habitual drunkard, but also that he had been at a banquet that night, that his breath smelt of drink, and that he had been drinking, The prosecution had to prove their charge up to the bring in a charge of manslaughter. hilt, otherwise the jury would be entitled to
The Attorney-General said the jury would have to be satisfied that when the accused stabbed the deceased he
was not respon- sible for his acts, that he did not know what he was doing, and furthermore that he did not know he was committing a wrongful act, before they could bring in a verdict of manslaughter. They would also have to be satisfied that the prisoner was in such a state of intoxication that he was not responsible for his act. According to every principle of English law, drunkennesss on the face of it was
no excuse for crime. Counsel for the defence said there was no motive, but there was, because there had been a dispute and a row beforehand. Society would never be safe if every time a dangerous weapon was used, drunkenness was set up as an excuse.
His Lordship, in summing up, said it was no defence to say that had a doctor been there the woman might have been saved. If the prisoner committed such an act, and such consequences ensued, they all flowed from his own doing. There were circumstances of gross and sudden provocation which took away the presum tion of malice, and if proved, reduced the offence to the minor one of manslaughter.
But the provocation must be
very serious and very sudden. With regard to the question of drunkenness a man might, by continued inebriety, drink himself into a state of semi-madness. and in spite of the fact that he produced that madness by his own act, it would be a sufficient defence. His Lordship said he would leave to the jury the state of the mind of the prisoner, and he asked them to consider their verdict.
The panel retired, and after an absence of a few minutes returned into Court.
In reply to the Deputy Registrar the foreman of the jury announced that the jurors were unanimous in finding the prisoner guilty of manslaughter.
His Lordship passed sentence of seven years' imprisonment.
ROBBERY.
Ip Sang, Li Yan and To Chan Man were indicted on a charge of robbery. they did not take the goods forcibly.
Defendants pleaded guilty, but stated that
that all three prisoners were charged with The Attorney-General informed the Court robbery at Kowloontsai on the 8th of the mouth. All three were coolies of the lowest class. the night of the 8th, at 11.30, the accused broka
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