Page

SUPREME COURT.

Monday, November 4th.

IN CRIMINAL JURISDICTION.

BEFORE THE CHIEF JUSTICE (HỌN. MR. REES DAVIES, K.C.)

1

THE HONGKONG DAILY PRESS, TUESDAY, NOVEMBER 6TH, 1919.

At the conclusion of witness' evidence, the Attorney-General observed that the conduct of the witness was exemplary.

His Lordship (addressing Mr. Maysent)

prietors of the ship.

WAS

mort

victed of felony be would lose the benefit of his subscriptions.

His Lordship-It will be my bounden

ANTON.

chants have been very busy here lately 1 and if matters are allowed to proceed in case has been put before the jury that the

CANTON, November 1st. this line 'soon there will not be a tree Crown is not asking for a severe panish- ment; but apart from the subject of

to be seen. The Industrial Commissioner According to the old calendar the 10th has taken this watter up and spat'a man punishment the case is of extreme im PROCLAMATION OF REPUBLIC IN KWANGTUNG. portance. He belongs to a Benevolent I think your conduct

Society and has paid into that Society a day of the ninth moon was the anniver. to investigate the matter, as the people in exemplary, and I shall be glad to convey

very large sum of monoy. By the rulessary of the proclamation of the republic the district believe that the absence of

A NEW LEPER HOSPITAL that expression of the Court to the proof that Society, if a member were con- Kwangtung, and in some quarters this the old forests is offending the dictics.

was celebrated on that day, 2... last Mon- The Government, however, decided

Some time ago the Polico Commissioner day. Dr. MacFarlang, who examined the

to count a year by the Augustan Calendar decided to remove the leper asylum to a THE SHAMERN MURDER CABE.

body of the deceased at the mortuary. Ibrahim, a

It has been private in the 120th Belugave evidence as to the nature of the duty to tell the jury that it has nothing from the event, and thus cause the anni lonely island where these afflicted persons

versary, to fall on the 9th of November, could be properly isolatod. chistan Infantry, was again brought up wounds.

Mr. Potter-ls it possible that the to do with the case at all. The sole which is to be observed as a genera) holi. decided, however, to join with the German and charged with the murder of à

question they have to decide is whether, day and thanksgiving day.

Missionaries, who have a leper asylum on Prepara

It Subadar in his regiment. It will be re-wounds could have been caused during the evidence, this man is guilty or not. tions are being made to have a procession a secluded island near Shak Sung. collected that after a trial extending over

the struggle without intention?

guilty.

or fireworks or something like in honour has been decided to continue to use this WitnesYes, I should think so in one

as a leper station for men and to par- ilier days, the jury disagreed, and a new

Mr. Potter accepted his Lordship's in- of the day.

chase another island some distanco off and trial hnd thas to be opened.

case, but I don't know that all three.timation, and proceeded to put before the

The Army Commissioner has been on build an hospital for women. The Gov could have been. This particular wound. jury the other arguments for the defence. which caused the death, could have been He contended that if the deceased were the lookout for some time for suitable ernment has decided for the present to very easily inflicted, as it went between alive to-day, he would be liable to be spots for rifle ranges for the use of the vote $30,000 for this purpose, and further the fifth and sixth ribs, breaking no brought there and charged with attempt troops and has decided to have one made grants will also he made when the scheme

Mr. Potter, after the jury had adjourning to do serious bodily injury, and there at the foot of the White Cloud Hills. Tho is fully working. ed for tiffin, addressed his Lordship. He was amplo evidence to cause his convic-ground is very suitable for this purpose! said the Crown had not proved possession tion. He also contended that the wound which caused the deceased's death might of the knife

have been indicted without any know ledge on the part of the accused. The accused might have warned him, and in the struggle the wounds might have been caused without intention. It was a very serious thing for the accused, whose past was blameless.

The Attorney-General-In this case I understand your Lordship may desire to remand this prisoner till the next Sessions. My friend, although not visible to your Lordship, has intimated that he is prepared to agree to that course.

His Lordship concurred

THE AFFRAY ON THE "INNESOTA.' John Saxton Dunn, 67 years of age, vas.

charged with the manslaughter of Robert Wangstroom on the 28th October, 1912, ou The 8.5. Minnesota, lying in Victoria

Harbour, in this Colony,

The Attorney-General (the Hon. Mr. J. A. S. Bucknili, K.C.), instructed by Mr. J. E. Kemp. (Crown Solicitor),

Eldon Potter prosecuted, and Mr. (instructed by Mr. Crewe) defended.

Mr. A. E. Curleton (U.S.A: Acting Consul-General) was present in Court. The following comprised the jury Messrs. John Ross (foreman), M. J. Danenberg. E. B. Raymond, C. F. Heer- anan, G. Bird, A. Laing, and J. Bentley. The Attorney-General, in opening the

bones!

Ilis Lordship said that it had been proved in regard to the wounds that they were consistent, with a knife of the the scription of the one produced, and they had proved that the knife was taken to the refrigerating room. It was for the jury to decide whether accused had a knife or not.

NEW RIFLE RANGE,

Esti- THE CANTON-HANKOW RAILWAY.

and a great deal of work will not be necessary to complete the range. mates from contractors were asked for, and the lowest one of $040 was accepted. The work, we believe, is now going on and is to be completed soon.

NEW ROADS IN THE CITY.

SUGGESTED ALTERATION OF ROUTE.

From the Central China Post (Hankow) we take the following:-

Now that the loan agreettent relating to the Hukwang. railways is being re vised, the time is opportune to suggest that the route of one of the lines that from Hankow to Canton-could be chang-

After the revolution the new Govern, ment were animated by the splendid idea The Attorney General, in replying, said of making some modern streets and rondsen with great advantage. The line that in and around Canton, and it was only has been marked oat, and surveyed in Mr. Potter-If the jury are satisfied it was an unpleasant task for him to have

a few weeks after they came into office detail over a part of its length, follows that the prisoner stabbed the deceased to prosecute the accused, and it was

can It is a proverb among those fami- let us assume that for the sake of afgu- equally unpleasant for the jury to have when they commenced to knock down the the river course about as closely as it ment-and that the knife had been used to judge, bat they were duties which ther city wall. The idea was to drive a broadliar with industrial conditions in China 1

with water The Shanghai- by the prisoner in order to defend him had got to perform. He (the learned military road right round the city and that a railway competing

also to construct other connecting roads, transport cannot pay. self from serious violence or under any Attorney-General) had a duty not only but it fell through on account principally Nanking railway is suffering from that to the deceased but also to the public, of want of money. Soldiers were at first doomed, in the opinion of some who are great drawback and is in conscquence real apprehension of it and so used it in

and that duty was to see that the peace employed in demolishing the wall, but competent to judge, to run always at a defence, he would be justified.

Learned Counsel quoted authority in of His Majesty was maintained and to

loss. This is the more regrettable as the this method was discovered to be very fine is considered exceedingly well built. case, said the circumstances which sur support of his point. He submitted that nut before them impartially the circumponsive and very slow, so latterly it wasAs the same constructing engineer is on- a man was entitled to shoot another downstances, that they might be able to judge given out to private contractors. Little gaged on the Hankow-Canton line, a fairly say to the jury that they did not fit he were in fear of serious injury. If whether what had been done was right has, however; been done so far, and now good job is likely to be made here also. I

But it will be worse than waste if his or wrong. He wanted to draw their at-

we have a new scheme promulgated by efforts turn out a railway that will not tention to a point which had perhaps been the authorities which they intend to carry a little lost sight of. It was very dis-through if they can raise the money. The present engineer has had no say.

rounded this case were such that he might

constitute one of the more serious

was

tended that it was even more distressing to think that a young man in his prime had been hurried out of this life.

His Lordship reviewed the evidence, and after retiring from the Court for about five minutes the Foreman 80- nounced that the jury found the prisoner not guilty.

Accused was then discharged.

cost of $400,000. A road at Tai Sha Tow to be completed in three years, and one around the city on the line of the wall where electric cars will be run also to be completed in three years is the other part of the programme. It is doubtful, of course, at the present time when this work can possibly be carried out; but if it is completed it will greatly improve the city and enable people to get about fairly comfortably. It has been before the authorities several times to run cars on the new band, which would to sure to be greatly patronised, but the bund is rather narrow for that and it has been decided not to do so. If this road round the city is built and connected with these other two mentioned it will make Canton quite a modern city.

It was laid down in the loan agreement that the line must pass through Yochow and Changaha-bhat is, that it must run alongside the greatest waterway of China. How the promoters could have conceived it possible to win profits while competing with such cheap means of transport as river junks and tug-drawn lighters is beyond our imagination,

this contention wore correct, then he sub- The accused was one of the engine roommitted that bis Lordship would have to staff on board the U.S. vessel Minnesota, return a verdict of not guilty at once. and the deceased was also one of the em- He (learned Counsel) went so far as to ployees on the ship. On October 28th. say that there was only one class of evi trrasing to sco an old man like the accused Wing Hon Strect is to be converted into as to the general route to be followed.

in the dock with a record for past years a broad modern street and the work while the vessel was lying in the waters of dence before his Lordship, and it proved which, as far as he knew, was practically is to be completed in a year's time at a this Colony, the deceased went ashore, and that this old man was in serious bodity blameicas, but at the same time he con- about 10.30 p.m. returned. There was danger. He put it that if this case were Home, where there was 1 little doubt that the deceased had been tried t drinking, and, according to evidence Criminal Appeal, if the jury found the which would be called before them, he prisoner guilty of manslaughter, the was somewhat under the influence of Court of Appeal would quash that. con- viction. Was there any evidence that liquor. The accused seemed to have gone went to show that there was no reason to the engineer officers mess to get some abio apprehension ? There was no coffee, and whilst passing the water quarrel between the two men at the time; tenders mess-room the deceased made use it the deceased avowedly going of rather insulting languge. However, after him for the purpose of doing him nothing happened until the accused, serious bodily harin. Accused was pur having had his coffee, was going to return sued. overtaken, and hit to the mess-room in which the deceased blow over the bead and received another The deceased had had some beer blow on the face. The Crown witnesses after he had come on board, and when he proved the avowed intention of the

to inflict

an injury upon saw the accused he got up and said, either decense.c

the old T

Was no Case that ho was going to whip this old son

this charge. or that he was going to fight to go to the jury on Anyhow the words were either The Crown had brought out every insulting or provocative. Deceased got fact that was material and of assist up, and, notwithstanding that one of the ance, to the prisoner in the case. Then, the narrow passage and ran after the he submitted that they could only have acensed, and, according to evidence, one meaning, and they amounted to an Although Mr. struck him violently on the back of the actual threat of killing. head and also on the face. There might Maysent attempted to prevent the deceas have been some struggle, but it was cleared in his object, he pushed him aside with that one of the officers came up and violence and ran out of the cabin to pursue the accused. He submitted that

was.

of a him.

"3

There

A

violent

HONGKONG. VOLUNTEER

RESERVES.

A field day on a small scale took place on Sunday last amongst the members of the Volunteer Reserves, sixty members being on parade. His Excellency the Governor was present, and was accom panied by Capt. C. V. 8. Skrimshire, Staff Officer of the Hongkong Volunteer Corps. The Company embarked on the Government steam yacht Stanley at 10.30

INTIMATIONS

HUMOUR ON WRISTS KNEES AND FEET

Doctor Said He Had Eczema as Bad as Anyone Could. Got No Rest. A Little Cuticura Oint- *ment Cured Him.

"When my husband's oczoma started fugt; it was a swelling in his face and he could hardly sen out of his eyes. Then it started to come out a hamour on his wrists, knées and feet which were the worst parts of-all, the other parts of his body being broken out In spots. They irritated something shocking and he could get no rest with il. I sent for a sample of Cuticura. Viņitment and whe I had sent for that a lady gave me some in a email tini, about as much as the sample tla. My husband used all at a very littlo so you sec R didn't tako much to cure him.

**Before be tried the Caticura Ointment ho < went to the doctor who mad my husband had eczema as bad as anyone could, and gave Whip wopo medicii but that did trims no good. We think if it hadn't been for the Chalcurs. Ointment he would still have had eczema, but it soon went after using the Cuticura Ointment." (Signed) Mrs. E. E. Reeve, Nevendon, r. Wickford, EEST. England, July 13, 11.

One of the most succcalul treatments for essenza. winter applied to the youngest infant or the oldest person, is hot baths with Cutleura Soap and gentia andintings of Cutleurs. Dintment. For more than a generation. thesir pure, sweet and gentio emollients have proved the most efficient agents in the speedy and perioznent relief of all forms of eczòmas, rashes, Iteltings and Irritation of the akin and scalp. A single set is often aufficient. Although Cuticura" Soap and Olatment are sob* *hroughout the world, a liberal sample of o with 32-p. book on the treatment of sk ad scalp affections, will be sent post-fri • application to the Dearest Cepot: F. Newbery & Sons, 27, Char- terbone Sq.. London; I. Towns & Co., Syd- Dey, Y. B. W.; Lennon, Ltd., Cape Town; Muller, Maclean & Co., Calcutta and Bernbay: Polter Drug & Chem. Corp, solo propā. Boston, U. B. A.

89:19

Chs. J. Gaupp & Co.,

ALEXANDRA BUILDINGS,

CHATER ROLD.

CHRONOMETER-MAKERS,

WATCHMAKERS,

JEWELLERS AND OFTICIANS.

FINE

DIAMOND

Another route is available that would avoid this deadly water competition. It is the direct route from Wuchang to Can- ton. The country it would tap is very manifold by the coming of the rich, and its wealth would be The harvest lands produce grain in abundance; and in places coal is to be ad by the digging of a pick into the hillsides. But the only means of trans- port is the coolie's pole. We travelled i over this country Home years ago and found rice selling there at 82 a picul when the market price at the nearest river post was 88; and we saw coal, sold at a dollar a ton, instead of the charge of $10 then made in Hankow. One does not need to use the differential calculus to ind out what a railway would be to the THE PAPER CURRENCY.

producers and the consumers of this rice ENGLISH, AMERICAN

No such benefit can be There are two kinds of bank notes in and this coal.

GOLD AND SILVER WATCHES. gained from a railway from Changsha, to circulation in Cauton the old ones Wachang, as there is already good, cheap which were in circulation before the re-transportation between these places. GOLD AND SILVER BRACELET

officers tried to stop him, went out into in regard to the words of the deceased; ad Castle Peak was reached shortly after volution and new ones which have been What is more, the direct-route line would |

After disembarking the Company circulated since. It was rumoured a few pay handsomely. ooon. was marched to some higher ground,

no longer recoguised as legal currency, where a very useful lecture was delivered days ago that the old notes were to be by Capt. Skrimshire on the duties and and this caused a good deal of talk and formations of Infantry in extended order

to what would happen. After the revolution the Government took and attack formations, after which the speculation as Company was practised in extended order

separated them. Nobody seemed to know the evidence was all one way, and that no drill until 1.30, when a most, welcome in all the old notes and had the chop- that the deceased was hurt, but a few jury could find that in these circumhanch was served through the hospitalit. Ped, thereby recognising them and taking vised, we would urge the Ministry of

moments later he was discovered in a

stances the accused had no grounds for

believing that he was in danger of bodily

over the liability of the previous Govern- ammunition was served out and a section would be very serious, The Governor has of His Excellency. After lunch, blánk

ment, so that an incident of this kind was told off under the command of Mr. eased all minds yesterday by issuing a W. L. Carter to form a defending force,

is as good as another.

--CANTON, November 2nd..... ROBBERIES IN ONAM, During the last few day there have been several very daring robberies in Honam

JEWELLERY

A SPECIALITY.

·AND

SWISS

WATCHES.

JEWELLERY.

In our opinion, the engineering difficulties would be less on We are convinced that the advantages of ENGLISH MOUNTED CHINESE JADE this route than on the river bank line. the direct route are so great that it would pay to drop the money already spent on the survey of the Hankow-Yochow line and to begin the whole work anew.

Now that the agreement is being re Communications and the lending banka to have an engineer and a commercial ex- direct route has never been inspected by port sent to inspect the two routes. The an expert. The river ronte seems to have been selected thoughtlessly by the original

the fact that railways cannot compete been followed without consideration of with rivers

The Peking Daily Telegraph states that the attention of the Board has already been drawn to this matter.

dying condition on the deck, expiring in a few minutes. A doctor examined the

bafu He asked his Lordship to direct hudy at the mortuary, and it was found the jury to return a verdict of not guilty. that he had been stabbed three times. His Lordship-If the jury are satisfied When it was discovered that the deceased that the prisoner had reasonable ground the remainder of the Company, under the proclamation that these rumours have surveyor, Mr. Parsons, end his lead has) was dead, the accused was spoken to, and for believing he was in danger of harm, command of the President, Mr. G. Hut any tenth in them and that one note Junquid, Well, I hope. Wangstroom has the jury would be able to find a verdict Wakeman, being divided into firing line, supports and reserves with Dr. Evan sobered up again."

Assuming that of justifiable homicide in other words,

It was a ques-Jones, Mr. L. G. Bird and Mr. Thoru accused did use the knife, this remark they would acquit him.

hill as section commanders. After ad clearly showed that he had not. the tion for the jury.

aquarter of a milo slightest intention of killing, or of doing Accused, when injury. serious acquainted with the death of the deceased, expressed contrition and sorrow. The deceased was a very big and powerful young fellow, and he was half drunk. The prisoner was a powerful-looking man, but he (the learned Attorney-General)

***

was told that he was nearer 70 than 60, and his left arin was useless. At the sa time, it was his duty to tell the jury that the use of the knife was in act which needed to be justified.

Evidence was then giwu by George Stein, the quartermaster, a sailor named McDonald, and the third electricien, Harold Maysent.

A WITNESS COMPLIMENTED.

:

TION IN INDIA.

Concerning the question asked recently

Mr. Potter--With great respect, my vancing about herd, Loubout that it is a matter of law." enemy in sight was signalled by the and it seems as if the place is not suffiJAPANESE STEAMSHIP COMPETI.

The Attorney-General, on being asked Scouts; the firing line was then extended ciently policed. Last night about nine the o'clock a band of robbers made an attack for his opinion upon the subject, said it and shortly after opened fire on. was a matter for the jury. His Lordship enemy, who were found to have taken up on a house near Chov To Chu, and might very strong position on a line of hills have made a clean sweep of the place, knew he was not anxious to put this man in a more difficult position than he was about three-quarters of a mile away. but for the fact that one of the occupante in at the time, but it would be seen that Part of the ground to be covered by the succeeded in escaping and giving an whether this man was justified in using attacking force proved to be very rough, alarm. The robbers were arrested, and

tion:

21

CAREYING OUT SILVER FROM THE CITY, *-

MAPPIN & WEBB'S

OUR

OF

SILVERWARE,

CUTLERY and

PRINCES PLATE.

and its anatomy and our long experience in correcting defective vision enable us to tell- beyond doubt if your eyes will be benefited- by wearing glasses.

in Parliament by Sir John Rees, as to taking any steps to protest against. whether the British Government was Japan prohibition of coasting trade to foreign steamers, the deli remarke that STUDY a knife or not was a very serious ques-making a steady advance a difficult mat- they are believed to be members of the it is a repetition of a question he asked gang which has been doing all the some time ago, and has been moved to ter. The firing line, having received a

sprung up between the British India The Court then adjourned for tiffin, check owing to the heavy fire of the de- mischief in Honam during the past fort-revive-by-the-keen competition which has S.N. Co. and the Nippon Yusen Kaisha. and on resuming,

fenders, were reinforced by the supports, night.

The Asaki goes on to make the remark THE EYE His Lordship said he had come to the and the advance continued to within 200

No person is allowed to take more than able statement that the B.1. line is held conclusion that the case should go to the yards of the enemy, when the cease fire" jury.

was sounded. After a short rest the Com-50 worth of silver out of Canton, and in detestation by the Indians, but that Mr. Potter, in his address to the jury,pany re-embarked on the Stanley and this rule is being strictly adhered to and the strong corporation of white men who tion against the British Government," said the accused was a married man with Hongkong was reached at 8 pm, after a offenders punished by money in excess of control it intend to make a demonstra this being confiscated. Two days ago and to induce the Government of India On the way home a.family, and he was nearly 70 years of very enjoyable day. The last named gave a graphic account age. He was now in the dock on a charge Capt. Skrimshire addressed the Company silk boat left Canton for the Shun Tak to lodge a protest in Parliament against of the deceased's actions immediately of manslaughter as a result of that un-

on the different moves carried out and district and it was discovered she had on the NY.K. Calcutta service. These state- various parties before his attack on the accused. Witness fortunate set of circumstances which the pointed out some tactical errors which had board over 82,000 worth of silver. The monts show a rather hazy idea on the

relationships of the boat was searched by a river cruiser and part of our contemporary as to the It was always al been committed.

The B.I. Company employs said he heard the deceased remark, ICrown had detailed,

on the discovery being made was brought affected. will get you yet, you old son of a serious thing for any man to be charged

back to Canton and handed over to the many thousands of Indians, who certainly an adverse

GOLD STANDARD FOR CHINA will fight you.” Deceased got up and with manslaughter, but

Navy Commissioner. Also, quite a number have no reason to detest their employers for the benefit of the N.Y.K, The Atahi attempted to run after the accused. Wit-verdict in this case would be especially

It is rancored in Chinese circles that of passengers have been stopped boarding thinks that the fact that America restricts the Government will very shortly decide ness tried to prevent him, but he struck serious by reason of the fact that this him on the head, and forced him aside. old man was a member of a Benevolent upon a gold standard for China, junks and steamers and searched for her coasting trade to her own vessels is it is to be done or what steps will be silver, the searches in many instances sufficient reason for the British Gavern- ment refraining from making any protest against Japanese companies competing in Befon ho could recover himself the

His Lordship-I do not wish to stop taken for that purpose is not known, proving successful,

The only result of the rumour at present

the Indian wasting trade. The line of deccas had almost reached the accused, you, but it is not evidence.

is the activity of the gold speculators, Complaints have been received that the reasoning is not strikingly clear, but this and ss saw him strike two blows,

Mr. Potter-My Lord, I can show the who appear to be under the delusion

numerous trees on the mountains known is hardly to be wondered at in view of and he then ran up and parted them.jury how serious this is for the prisoner: that they can corner gold. Some opera-

as Lo and Fu in the Pok Lo district are the very hazy ideas held in the highest He did not notice that the deceased was We all appreciate that even if the Court tions ont rather a large scale have taken

place during the last two days.fast disappearing and that this is spoil-official quarters of the meaning of did find a verdict of guilty in this case Daily News.

"reciprocity:"Japan, Chronicle. injured at the time.

ing the beauty of the place. Timber mer- it is obvious from the way that the

Society--

TIMBER CUTTING IN POK LO

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