Page
SUPREME COURT.
THE HONGKONG DAILY PRESS, WEDNESDAY, JUNE 12TH, 1912,
| police officer at Home, and contended that ↑ THE “SOSHU MARU" ROBBERY,
as the revenue officer had no power of
arrest his client was certainly entitled
Tuesday, 11th June,
to damages for the unlawful arrest.
IN SUMMARY JURISDICTION.
BEFORE MR. H. H. J. GoMPERTZ (PUIANE JUDGE).
A REVENUE OFFICER'S POWER OF ARREST.
This sum, with the solicitor's fee of 875.
claim.
Alr. Hodgson said that this case was confined solely to the time of the arrest
NINE PERSONS CHARGED.
Nine Chinese, including a woman, were
THE SITUATION AT CANTON,
FROM OUR OWN CORRESPONDENT.]*
GROWING UNEASINESS.
CONVERTING TEMPLES INTO 80HOOLS.
In Cauton and Honam there are a large number of temples to the memory of numerous deities about whom nothing or very little is known, and the only time one ever hears of them is onge a year when
by the revenue officer and the handing / charged before Mr. Melbourne at the NO CONFIDENCE IN REPUBLICAN BANK NOTES; the priests are celebrating the birthday of i
the plaintiff over to the European officer. He would admit that there had been a technical assault, an unlawful arrest of the plaintiff by the defendant, but that only went as far as the handing him over to the constable. What the constable did after that had nothing to do with the revelise officer,
nance.
female defendant.
June 10th.
Matters look rather serious in finan
Magistracy yesterday with having on the
the god or other festival. The new Gov- morning of May 20th, boarded the steamer Svaku 3faru, of the Osaka Shosencial.civeles just at present and the prin- alienating public opinion or causing ill. erament are of opinion that without Kaisha, and stolen six chests of opium cipal cause is the gradual depreciation in feeling many of these temples could be and nine cases of Chinese medicine, the value of the local notes. Ever since put to a much more useful purpose hy An action for damages at the instance
valued at $21,900, and also with having the Revolution it has been continually being given into the hands of the Educa of Yip Man, of 52, Bonhata Strand East,
used personal violence toward the mate stated that there is so reserve for the tional Commissioner to turn into schools. against Chat Hing, a zevenue officer, was
and other members of the ship's erew.notes which have been issued and that The matter is receiving attention and the heard, the plaintiff claiming 8500 for
His Lordship-It seems curious that alleged unlawful arrest, false imprison- there does not seem to be any power for
Mr. F. B. L. Bowley appeared to they now only worth the paper they are funds hitherto paid to a number of lazy ment, and assault on May 10th. Plain-a policeman to arrest under this Ordi-
prosecute on behalf of the Company, Mr. written on. This may or may not be so; priests and caretakers is to be devoted tiff was arrested with San Pui lottek
Lewis (Johnson, Stokes & Master) repre- but curtain it is that the public have no to education. Also, all the many cele tickets in his possession and was subse-
brations held on the birthdays of the vari quently fined $250 at the Magistracy under the Ordinance.
Mr. Hodgson--Still, they do arrestsented the male defendants, and Mr. very great faith in the local paper cur-
d'Almada e Castro represented the rency, and this has been shown all alongous gods are to be cancelled, and the only
by a reluctance on the part of merchants, Confucian celebrations,
festivals of this kind to be held are the and general damages, 8175, made up the the police there have not the general Mr. Rass-They do it at Home, and
Mr. Bowley explained that the Sosha business-nien and shop-keepers to accept
DEPARTURE OF THE INDIAN TROOPS FROM anything but silver. Now the matter has Mr. Ruas, from the office of Messrs. powers of arrest that they have out here. Ifara was a small steamer belonging to reached a real danger point. On Thurs-
SHAMEEN. general the Omka Shosen Kaisha, plying between day local notes were at a discount of long amongst us that the island seems The Baluchistan troops have been મળ Hongkong. Canton, Swatow, Amoy, and 13.75 per cent,; on Friday it rose to 19 quite strange without them and the depar Formosa. She was in the harbour on per cent. discount, and the Governor Lure of their officers leaves quite a hole May 28th, made fast to the Company's esaed a proclamation calling upon all buoy, and was loading cargo for her trip to accept and tender the notes at facebarked on the rangshan on Friday
in the society of the place. They em up the coast.
At about 5.4 p.m. six value, stating that if this were done all night and sailed on Saturday morning, chests of opium were brought alongside, would be well, consigned to
The effect of this pro-the whole regiment cheering repeatedly one of the coast porta clamation was to cause the discount to They were received and weighed by the rise on Friday night to 22 per cent, and as they passed the Concession on their way to engage a solicitor and run up an ac- second officer and were locked up by him on Saturday morning it jumped to 28 down the back reach to Hongkong. The count against the defendant. He could in the ship's strong-room. The working per cent,, in that Mr. Wa's proclamation fortifications have been left just as they not claim more than nominal damages.
of cargo was concluded at about six bas had rather the effect of shaking the weze, so that the island is ready for oc- His Lordship-It is curious that there o'clock that evening and the batches were faith of the people. What the ultimate eupation at any time. The residents are does not seem to be any power for a con-battened down and the cargo ports end of all this will be no one knows; but to lose Major Paul, Captain Jarrad screwed up, and from that time the ship yesterday soldiers were on guard outside and Lieut. Faithful, who had become part His Lordship--You have nothing to ship carried seven Japanese officers, shops and there were many more police their way to the steamer on Saturday to was in charge of a quartermaster. The the more important banks and exchange of the community here and were very popular. A number of resileats Found incinding the engineers, but the patrolling the streets than usual. show me on the point?
Goldring, Barlow, & Morrell, appeared for the plaintiff, and Mr. P. M. Hodgson,
assistant Crown Solicitor, appeared for Le defendant,
Mr. Ross-This is a test case and it is purely a question of inw. · For some un- known reason the plaintiff is not here this
His Lordship-Have. they powers of arrest out here!
Mr. Russ--Oh, yes.
Mr. Hodgson--Very full powers to ar- rest for any offence, suspected or com-
mitted,
His Lordship--I see. Mr. Hodgson, coutinuing, said that the morning, but I propose to call the de plaintiff had to prove that he had a right
fendant and take his facts for the argu- ment as to law.
His Lordship-Are the facts admitted 7 Mr. Hudgson -Up to a certain point. There is a point as to whether it is a
technical assault, or not,
Mr. Russ-I admit it is only a technical assruit.
Mr. Hodgson-If my friend is going to press for damages, it may make a differ ence as to the actual facts.
Mr. Russ-I don't want to press for daninges.
His Lordship--The plaintiff was bring- ing in San Pui lottery tickets and was arrested by a revenue officer who was not a constable in the ordinary some of the word ?
Mr. Russ-The revenue officer knew that he had San Pai lottery tickets, and taking hold of his arm led him to European officer.
Mr. Hodgson-It was a technical BK- MALETE.
Mr. Russ-I am doubtful of that." Mr. Hodgson-Oh, yas, he has.
I
stable even to arrest.
Mr. Hodgson Yes.
Mr. Hodgson--No, An amending Or- dinance will have to be introduced,
Mr. Russ-It shows how carelessdy people draw up these Ordinances,
His Lordship-The police officer was entitled to arrest in this instance.
mainder of the crew were Chinese. Three of the deck cabins on the upper dock | astern were occupied by the officers, one by the compradore, another by the quartermasters and some others, and yet another by the ship's boys, The strong room was in the stern part of the ship
Mr. Russ-I think this is a case where the plaintiff can claim nominal damages. | on the port sidë, almost immediately aft I don't think he can claim more. If the 'revenue officer with full knowledge know that he had no power of arrest and ar rested him then are entitled to criminal damages,'
ment right away.
We
not say that he has got power to arrest.
for people in authority who know the re- Mr. Russ-Surely, it is very irregular
venue officer has no power to arrest to- give him these instructions,
TRADE REPORT.
A sort of trade report has been issued to show the state of affairs at present ob-
taining in the city and surroundings, but as it is very vague it is not of any very great value.
give them a hearty send-off.
SHANGHAI ELECTRIC COMPANY (LIMITED),
It begins by stating that
The sixth annual meeting of the com- for the last two or three months silverpany was held on the 16th oft, at Basildon House, Moorgate-street. Sir Alfred Dent, has not been coming in; hence the six-R.C.M.. (chairman of the company),
presiding.
INTIMATIONS
SUN PILSENER
BEER.
Nothing like
it.
URTAINABLE EVERYWHERE.
H. RUTTONJEE
& SON,
WINE & SPIRIT MERCHANTS,
(33
Chs. J. Gaupp
The Secretary (Mr.; L. W. Hawkins) read the notice convening the meeting. of the report, said that there had been
The Chairman, in moving the adoption Chs. J. a considerable improvement in the net receipts during the year under review.
& Co..
ALEXANDRA · BUILDINGS,
CHATER ROAD.
stock of
Mr. Russ-There is a section in one of the early Ordinances which gives a con stable power to arrest for any offence. should not bring an action against a European constable. My point in this case is that a revenue officer has no right 4o.arrest. He is appointed to search for opium. ning to say, "What have you got there?" in any case you are entitled to nomina) cabins. The whole affair must have been are about one hundred shops, all of whom i ment were maintained, as was expected, | (Transite, Levels, Plane Tables, Prismatic and
He is quite right at the begin-
but he has no right to hold the man be- cause he has lottery tickets.
His Lordship--And having found lot tery tickets he took the man by the arm and led him to a European Constable?
Mr. Russ--Yes.
officer or an opium officer?
Mr. Hodgson--I think there was a gen eral opinion that there was such power.
His Lordship-You say you may be en titled to the 875 for solicitor's fee, but
dainages?
Mr. Russ-Yes.
His Lordship will reserve my judg
mont.
Mr. Hodgson-Will your Lordship give _a_formai__judgment now and a written His Lordship- Was this man a liquor judgment later. It means that the men will have to he enrolled as special con- stables.
His Lordship found that the plaintiff His Lordship-Is it common grounil was entitled to five dollars as nominal that he has not the ordinary powers of B constable 1
Mr. Hodgson--Ha was both. He holds a warrant for both..
His Lordship-For the purpose of this case he is a private person?
daruges.
Mr. Russ-1 submit we are entitled to
tion.
His Lordship-I must consider that.
thing.
SCIENTIFIC AND
Sight Compasses, Hand Levels, &c, đo,)
also
DRAWING
INSTRUMENTS-
AND MATERIAL
Squares, Bet Squares, Straight Edgos,
Scales, Inku, &o, &c.)
AGENTS FOR--
W. F. STANLEY & Co., LTD.,
LONDON.
of the quartermasters' cabin. When the count on uotes and the pregarious state I hatches were battened down there was of banks. In silk pitce goods very little no means of access to the strong-rosim business has been done on account of the except by a door which was always kept unsettled state of the country, and this locked. At about 2 n'elock on the morn-business is not expected to improve until His Lordship-If Mr. Hodgson admitsing of the 29th, a quartermaster was on the question of money is settled. Gold a technical assault and you are asking duty and the rest of the crew kad either smiths and jewellers have been busy more |
The accounts showed a profit of £14,139, an compared with £7,563 for 1910, and, His Lordship--Had the constable power nominal damages, I will give my judg turned in or were on shore leave. It to arrest him?
or less since the beginning of the year, including the balance brought forward, appeared that at about that hour a boats, for one thing, there was a big demand the total available balance was £20,778, Mr. Hodgson-I must admit it. 1 can-came alongside the ship and a number for gold chains and signet rings from off- £10,000 to reserve for renewals and by i
This had been dealt with by placing of men clambered on deck. They were cers in the army and from people of the writing of 27.472, the item which appear- armed with revolvers, and they must better class who had adopted Europeaned in the last two balance-sheets under have divided into two parties. One set clothes. Jade stone used to be very much the heading of general expenditure dur- entered the compradore's cabin, on the in demand among the population, but this 3,501 to be carried forward. The result Always have on hand a very large complete
ing construction to June 30, 1908, leaving starboard side, and the other set went article has fallen from favour and very for the first four months of this year to the quartermasters' cabin on the port little business in that line is now being showed a continuous expansion, the re side. They threatened the necupants done. with revolvers and made them get up, have benefited most and have done most operating expenses for the same person The tailors are the people who hits being £22,035, ngainst $17,370 for first four months of 1911, while the and then tied them to stanchions in the business. In Wai Oo Street alone there is nearly as could be estimated, were SURVEYING INSTRUMENTS
£7,200, against £4,000. If this improve. carried out with celerity and quietness, are busy turning out clothes, European the net receipts for 1012 would show a for the three officers did not hear any and Chinese. In connection with hotels, large advance on the £14,139 obtained It appeared that the robbers restaurants and eating-houses business, it during 2011. The expansion which had must then have taken off one of the after is stated, is good and has improved, but en going on for some time would neces- hatches, and let themselves down to the certain amount of loss has been sustain-cipally on additional motors, trailers, sitate further capital expenditure, prin- 'tween deck. They then opened the parked through, the discount on local notes and feeder cables. This was now being side cargo port, and forced the strong The Prepared Opiura Guild has been taken in hand and might cost about room door, removing from the, strong-making handsoine profits since the re- £20,000. ht as their revenue was largely increasing the board anticipated no diffi- room six chests of opiam and a number volution and would have continued to do culty in providing the money, and hoped (T of packages of Chinese medicine. They if an order had not been given lately to replace it later on by a further issue then vanished, The quartermaster also that no opium was to be sold to anyone of capital suficient to repay the bank loan and refund to the company's trea- vanished, but there was no evidence to who did not possess a licence, undersary the large sums spent on capital ge Mr. Russ-He can only arrest in respect costs because we have vindicated our posi- After a time the tallymen or one of the caused a great lall in the business and had release the profits for the payment prove whether he was kidnapped or not. penalty of heavy punishment. This has count, which in present circumstances had
to bo met out of reven
revenue. Such an issue of liquor or opium.
quartermasters recovered sufficiently to any shops have shut up altogether. Ricef a dividend. The company continued waken the officers, who found the men and firewood remain dear and only small to suffer severely from the loss in ex- referred to all tied up in their cabins. profits are being made by the vendors. change on converting the native coins in The case was resumed in which the Wa The boys seemed to have slept through The supply of both these commodities has which the fares were paid into Mexican
dollars. This cost them £15,477, His Lordship--You say it was a techni-Leong Cheung Kee firm claimed from the cal assault. You do not allege that he Prussian National Insurance Co. of fortunately, been repaired, so he was not trouble in the delta and by the money year. The Peking Decree of May 24th. brat him.
Stettin the sum of 322,500 alleged to be able to produce anything to show that question in the city. Shoemakers are not 1910, to which he referred a year ago, doing half the business they used to in was still a dead letter, and they had to Mr. Hodgson-I admit he found lottery due ou three policies of insurance,
Mr. tools had been used to open the door chinese shoes, while booksellers, furnitur.wait and see what portion of the large tickets. My friend says he took hin: by Eldon Potter (instructed by Mr. David. The ship left for Swatow on the follow-dealers, and general dealers are doing Powers, was to be appropriated by the loan now being negotiated with the the arm and led him to a constable. Ison, of Hastings & Hastings) appeared ing day, and on arrival there, one of the very poor business in native articles; but new Chinese Government towards placing will admit that he found lottery tickets for the plaintiffs, and Hon. Mr. H. E. lower deck watchmen found a number of all this is made up by a tremendously in- the currency of the country on an equit apon this man and handed him over to Pollock, R.C., with him Hon. Mr. C. G. tools close to the strong-room door creased business in foreign goods.
able basis. The per cent. royalty on Alabaster (instructed by Mr. Shonton of Those tools did not belong to the ship. different guilds are calling upon the new 2,013 in 1911, against £2,380 in 1910, and 'gross receipts had yielded the ratepayers Deacon, Looker & Deacon), appeared for Mr. Rowley added that he would produce Government to support the local in-the directors were still unable to get this evidence to show that the stolen cargo dustries and, first of all, to settle the royalty reduced to the same basis s was subsequently loaded, either, directly, money question, and restore complete per cent, un fiet receipts was payable to Hongkong and Singapore, where only 5 or transhipped, into a two-masted cargo order in the delta.
the local authorities. He regretted to boat, which sailed away through Cap-]
say that the obligation to maintain reads, of which the company was relieved at the sui-moun Pass. Evidence would be also: Ontwardly all is quiet and peaceful ratepayers' meeting in 1811, had bean called to show that the steam launch but recent discoveries of arms and even reimposed as from January 1st last. Fut, to which five of the defradants field guns point to discontent and may- Notwithstanding the many drawbacks belonged, picked up the enrgo hoat, and hop trouble in the near future. On the ath with which they had to contend, the pro- gress made during the year under review towed her away past Lantas, in the a large number of new foreign guns were and during the first four months of the direction of Macao. That evidence would found in some houses in the old city, and current year would, no doubt, have con- connect the steam launch and the defen-extra precautions were
whilevinged the shareholders that there was a amount of vitality left, dor- considerable dants with the robbery.
searching parties were sent out. Later mant in the undertaking, and that unless Evidence having been tendered by the quite a number of smokeless guns were any exceptional calamity should fail to Captain and officers of the steamer, the found in a large junk covered over by a the lot of the Settlement a successful issue cargo of mats, These guns have been to their many years of hard work was Witness-No, I have not got such a defendants were remanded until to-day taken to the stores of the Kwong Young certain of attainment at no distant date.
Mr. J. H. Haskell seconded the motion. Replying to a question with
regard to the prospects of a dividend, the Chairman said that the board were anxious to
pay a dividend, but the revenge had all gone on capital account. The board were doing their best, and with the adjustment →
rovence and capital account they hoped to be able to make a distribution
distant date.
Mr. Hodgson-Except, my Lord. for his power of search.
the policeman.
Mr. Russ-1 will call the defendant. His Lordship-I suppose you are en- titled to call the defendant, but you must not cross-examine him.
THE INSURANCE CLAIM.
the defendant..
Tang Tong, who had been left in charge of the plaintiff's shop, was the principal witness heard yesterday.
Pollock, witness denied that the place was Olled with dummy boxes.
Mr. Pollock put it to you that the fire was not accidental ?
Defendant was then called, and in reply to Mr. Russ said that he took hold of Under cross-examination by. Hou, Mr. the plaintiff because he tried to run away. His Lordship You did not believe that he had either opium or spirits!
Defendant-I did not suspect that he had opium. I thought he might have spirits.
Witness-What do you mean? Mr. Pollock That it broke out inten- tionally. That somebody set fire to it.
Witness-That is not so.
Mr. Pollock-You or one of your fokis
In reply to Mr. Hodgson, défendant' said that if in searching for opium or spirits he found lottery tickets, his in- structions were to hand the man over to set fire to it! the police.
̈Mr. Hodgson--I want to show he is not foki doing it maliciously.
Mr. Russ-I don't suggest that.
Re-examined by Mr Potter, witness
said that the shavings produced were rat-
Mr. Russ then addressed his Lordship.tan shavings.
He said that he did not think he could His Lordship-How did you know these. claim to recover the line imposed upon shavings were there--
his client at the Magistracy, but he held that he was entitled to recover the cost
of the solicitor's fee.
His Lordship-Why?
Mr. Russ-He was arrested and he was
entitled to defend himself.
His Lordship-1 don't know.
Mr. Russ then quoted cases showing
Witness-The cook must i
have had them
for scrubbing doors.
His Lordship-Where were they kept Witness-Under the stairs. His Lordship-Have you yourself?
scen
them
Witness - Not those underneath the
stairs, but those used for washing.
the limited power of arrest held by a The hearing was adjourned.
K
it
all.
The strong-room bad, un-been irregalar and interfered with by the lent to 43 per cent, on their capit
THE PLAGUE:
CONDITION OF CITY.
taken
The
military department and a reward of $250 offered for information which will lead to the arrest of any of the people concerned.
·DR.--SUN-YAT SEN------
The cases of plague in the Colony last week numbered 134. The dechs from After his visit to his native place Dr. plague were 90.
These figures show a Sun Yat Sen has returned to Canton and decline on the totals of the two preceding has asked the different officials to meet weeks. Among lust week's cases there him to-day as be has some matter he were 3 Indian and 1 Malay, all the others wishes to discuss and some advice he being Chinese
wishes to give. He has been studying the.
of
at
The motion was carried unanimously,
To-day's Great Thought (from a story
Since the beginning of the year there situation here, and his opinion, sure to by a woman). With men, man does not have been 1,133 cases and 1,195 deaths be sensible, is hound to have a good deat from plague in the Colony.
of weight.
call a spade a spade simply, but by a name that would make it blush and shud- der to hear it."
E. E. WATTS & SON, LTD.,
LONDON.
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