October 30, 1909.]
CHINA OVERLAND TRADE REPORT, Ur
with splendid achievements which will remain an enduring monument to his memory.
of both our Government and people to strive It is profitless to dwell upon the horror for the highest points of civilisation enjoyed by and sadness of the tragedy which has more enlightened countries. Looking to this brought the famous statesman's life to so end, we have adopted their Military, Naval, sudden a close, Now that the labourer's Scientific, and Educational Institutions, and task is o'er, the Japanese nation in the knowledge has flowed to us freely in the silent manliness of grief will find comfort wake of foreign commerce. Although our in the reflection that the life of the deceased improvement has been rapid in ma statesman, so long consecrated to the highest terial oivilisation, the mental improve-service of the State, has been so completely filled ment of our people has been far greater. While held in absolute obedience by despotio Sovereigns through many thousand years, our people knew no freedom or liberty of thought, With our material improvement they learned to understand their rightful privileges, which for ages had been denied them. Civil war was but 8 temporary result,
Our 1 daimios magnanimously surrendered their prin- cipalities, and their voluntary action was BG- cepted by a general Government. Within a year a feudal system firmly established many centuries ago has been completely abolished. What country in the middle ages broke down its feudal system without war?
#
By educating our women we hope to ensure greater intelligence in future generations. our maidens have already commenced their education. Japan cannot claim originality as yet, but will aim to exercise practical wisdom by adopting the advantages, and avoiding the errors, taught her by the history of these enlightened nations whose experience is their teacher. A year ago, I examined minutely the financial system of the United States, and every detail was reported to my Government. The suggestions then made have been adopted,
and same are already in practical operation.
In the Department of Public Works, now under my administration, the progress has been satisfactory. Railroads are being built, both in the eastern and western portions of the Empire. Telegraph-wires are stretching over many hundred miles of the territory, and nearly one thousand miles will be completed within a few months. Lighthouses now line our coasts, and our shipyards are active. All these assist our civilisation, and we tully ac- knowledge our indebtedness to foreign nations. "As ambassadors, and as men, our hope is to return from the Mission laden with results valuable to our country and calculated to ad- vance permanently her material and intellectual condition. While bound to protect the rights and privileges of our people, we aim to in- crease our commerce, and by a corresponding increase of our productions, hope to create a healthy basis for their greater activity.
"
Time, so burdened with precious opportuni- ties, we can ill afford to waste. Japan is anxious to press forward. The red disc in the centre of our National flag shall no longer appear like & wafer over a sealed empire, but henceforth be in fact, what it is designed to be, the noble emblem of the rising sun, moving onward and upward amid the en- lightened nations of the world."
Ito's subsequent career has nothing of the same glamour of romance except in the rapidity of his advance to the highest offices of the State. It is a record of strenuous labour in many directions. He went again to Europe and America in 1891 to gather material for the framing of a Constitution for Japan. He founded the present system of Government, established the present order of peerage in Japan, and was first President of the House of Peers ho had been Prime Minister on five occasions, had been President of the Privy Council, the first Resident General of Korea, and for many years the most trusted adviser to the Throne. His strenuous life had left his health unimpaired and at the age of sixty-eight he seemed cap able of rendering for many years to come services of the highest value to his country On many occasions in the course of the great constitutional struggle had his life been in danger, but he long outlived the fanatical hatred his measures engendered among those wedded to the old ideals, and no statesman
"
ine and veneration of his country- country has enjoyed in fuller measure the men than did Prince Ito during the last fifteen years of his life. No statesman or soldier in Japan has had greater honours bestowed upon him by his Imperial sovereign, and none have more richly deserved them.
|
SUPREME COURT.
Monday, 25th October.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR MR. H. H. J. GOMPERTZ (ACTING CHIEF JUSTICE).
387
instance of the Hongkong Milling Company, of which Mr. H. Percy Smith is liquidator, against Messrs. Aruhold, Karberg and Co.
The Chief Justion in the course of his judg ment said that assuming the defendants to be bound by Mr. Arndt's admission, it did not carry the plaintiffs' claim for loss of profits consequent on the cancellation of the contract with Mosers. Jardine, Matheson any farther. Mr. Arnät was never informed for what purpose Jardine, Matheson & Co. wanted the ice. It. apparently was wanted to put on the market with their own in order to supple ment their own supply which had fallen short of the demand. They had ordered it to meet the demand, which was increasing, and' they cancelled the order, relying on the fulfil ment of the contract made by Mr. Ronnie. The ice might have been wanted for other purposes for which it is quite fitted, for it was undoubted ly a merchantable article, and the absence of any information as to the purpose to which the ice Five Chinese were arraigned on the charge of was ultimately to be put, let in this that it was having on the 15th September murdered one
not an absolutely necessary i inference that charged with assault. The Hon. Mr. Rees market in spite of its rejection by Messrs. Kwok Ying within the Colony. They were also the ice would not have been put on the Davies, K.C., instructed by Mr. Dennys, con- Jardine, Matheson & Co. He did not say the duoted the prosecution, and Mr. Eldon Potter, Milling Co. was bound to do this. It was only instructed by Mr. Otto Kong Sing, appeared
necessary to say that the information supplied to Mr. Arndt was not such as to exclude the possibility of this opening. The long and the short of the whole matter was that the contract
Mr. Reanie, for which the Milling Co. must for which the defendants have suffered; and by was rather carelessly entered into by Mr. Arndt,
suffer. It was clear that if they were entitled to a certain form of relief, if they fulfilled certain conditions, they were not entitled to that relief if they did not fulfil them.
for the defence.
The following jury was empanelled; Messrs. J. D. Auld, A. Lopes, E. M. Hayward, T. Meek, R. Perrie, A. Kohler, and J. H. Bulmer. for the Crown, stated that the affair seemed to The Attorney-General, in outlining the case have originated in bad feeling between two waiters' guilds, but how the quarrel originated
there was no evidence to show. The facts were
were
spoken to by the deceased who made a deposition before the Magistrate in presence of the accused men and also by Li Shing, a friend of the deceased. Those two together when the affair took place, and there were besides In the two eye-witnesses of the affair. one instance an eye-witness speaks to the five prisoners being present and in the other the eye-witness identifies three of the prisoners.
The story was that deceased and Li Shing were on the evening under notics walking together, and at the junction of Holly- wood Road and Queen's Road West they were met by the five prisoners and a number of others, probably eight or ten, who attacked the two men. The five prisoners were alleged to have had various kinds of instruments in the shape of knives and pronged forks in their possession. One man escaped and went to the Central Police Station, where he laid information as to what had occurred. The deceased, who was injured, went to the Government Civil Hospital and was examined by Dr. Moore the following morning, who did not regard his wound as serious and the man was allowed to appear at the Police Court. Two days later he was again brought to the hospital and it was found he was suffering from peritonitis. As the only hope of saving his life was to perform an operation, that was undertaken by Drs. Moore and Koch, but the man died on the 19th September. A subse- quent examination Was made and it was then ascertained that the wound was more serious than originally diagnosed. There had been a penetration of the intestines, which had set up peritonitis and death was directly due to the wound inflicted which had caused peritonitis to follow. The case was one of identity. In his dying deposition the deceased spoke definitely to two out of the five men having attacked him, numbers two and four, two having struck him with an iron bar while four stabbed him. He also testified to the other three having taken part in the assault. In these circumstances the five men would be guilty of homicide, but the question for the jury was whether it amounted to murder or manslaughter. That altogether depended upon
the circumstances.
Evidence was then called and the hearing adjourned.
IN ORIGINAL JURISDICTION.
BEFORE THE FULL COURT.
THE ICE CASE.
The Chief Justice and the Prisne Judge delivered their judgments on the point reserved to special damages in the action at the
The Puisne Judge also held that the claim for damages failed.
Mr. Alabaster, who appeared for defendants, asked for costs on all the points on which they had succeeded.
The Chief Justice pointed out that an order for costs had been made.
After argument the matter of costs was referred to the Registrar.
BEFORE THE CHIEF JUSTICE (ST F. PIGGOTT.)
A PARTNERSHIP
CTION
In the action in which Ng Tak Tong, as executor of the will of Ng Kim Wan, sued Wong Chung Cho for an order to have an ac- count taken of the partnership dealings between the deceased and the defendant in the business of the Yuen Shing firm, of which defendant Justice said he had no hesitation in applying was managing partner, his Lordship the Chief
the partnership Ordinance to this firm, as it carried on business in the Colony, and he gave judgment for the defendant with costs.
AN, EXTRADITION CASE.
His Lordship gave judgment in the question relating to costs in the application for habeas corpus on behalf of Sun A Wan. He said after reviewing the facts of the case-The man was first charged with having committed an offence on October 30th, 1908, and the Magistrate was not satisfied as to the identifica tion. He was secondly charged with another offence committed on 12th May, 1908, on this the Magistrate was satisfied, and the prisoner was committed to await extradition. This was set aside by the decision of the Court on the habeas corpus rule for irregularity. He is then re- arrested within six days on another charge for an offence committed in another locality: on July 27th, 1908. There seems to be something wanting in this procedure. But I do not say any more than this: Where there is apparently a succession of applications for warrants, as in this case, the Magistrateonght to be exceedingly careful in issuing his provisonal warrant under section 8, and to be quite certain that he would have issued the warrant in the same circumstances if the crime had been committed in the Colony."
Mr. Potter, for applicant-→That covers the costs. We also get the costs of our application in chambers P
His Lordship You