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SUPREME COURT. Monday, December 16th.. IN ORIGINAL JURISDICTION. BEFORE THE FULL COUNT:
THE SHAMEEN MURDER CASE. Amalination was made for special leave to appeal to the Privy Council in Jorma pauperis, and for the issue of a rit of habeas corpus, in connection with the recent conviction of the Sepoy,
THE HONGKONG DAILY PRESS, TUESDAY, DECEMBER 17TH. 1913.
corpus at all when a person has been tried the Court has no jurisdiction. I will MADE IN THE EMPIRE."
on the merits of the case.
make some submissions on the Foreign The Chief Justice (addressing Mr. Jurisdiction Act, and Ibmit that this Jenkin)-You remember after the rising Court has no jurisdiction. The indics of the Court од the first
day, ment must run that the man is a British when you made your application, I subject and that the King had jurisdie asked you to consider whether there was tion over British subjects in the place where the offence was committed. Tho authority which you could quote for con- sidering the question of habeas corpus indictment does not detail that Ibrahim was a British subject, and on the face of when there had been a conviction by a jury, and when the legal points raised it it is wrong. Your Lordships will see by the Counsel for the prisoner had been that the Attorney-General is limited here fully gone into and decided by the Full to our local Ordinance, which says that the question of the merits of the applicament by way of demurral. tion we should like you to show us that
FORMER SHANGHAI MERCHANT'S VIEWS.
indeed, that it its chief value, and that is why the mark, if granted by the Board of Trade, would be so dangerous to the manufacturing reputation of this coun- try, because it would be made use of abroad to foist inferior goods of all kinds on the natives of countries who do not know
our language, and are therefore unable to protect themselves. Only about one tenth of the inhabitants of the globe speak our tongue, and it is the other nine- tenths to whom our goods go now that would be imposed on. It is the makers who would immediately take out B.E.T. of inferior goods, quack medicines, etc., Mark Association licences No manufac Mr. turer of superior goods will do so.
The following letter by Mr. A. D. Provand, formerly of Shanghai, has appeared in The Times:
Sir,Permit me to notice Mr. Freeman Murray's letter in your issue of 5th inst., in reply to mine of the previous day.
From the list of Chambers of Commerce I quoted the names of 11 in my letter proposed British Empire trade mark (there are altogether 125) to show that the movement was largely supported by (so Freeman Murray objects to my having called) Chambers of Commerce.
"Confidential" He might as well call
Ibrahim, for murdering a Subadar in Court. I think that before you go into no objection shall be taken to nay indict-done so because the list was marked under section 62 of the Act is of the
his Regimant, the 120th Baluchis, at Shameen, Canton,
Mr. F. C. Jenkin (instructed by Mr.
W. R. Hind) appeared on behalf of the prisoner; and the Attorney-General (Hon. Mr. J. A. S. Buckhill, K.C.), instructed by the Crown Solicitor (Mr. J. H. Kemp), represented the Crown.
this is a case which we should deal with
under habeas corpus.
་
The Attorney-General-I say that your Lordship should not issue a rule nisi even that is to say, that we should never go into the merits or arguments at all.
Mr. Jenkin-I am not quite conversant Jenkin said this was an appiica with the practice here, my Lord, but I tion for a writ of habeas corpus to should like to protest against the challenge on behalf of Ibrahim the Attorney-General being heard on what is
this of
Court,
and, an cz parte application for the issue of a jurisdiction
the writ of habens corpus, incidentally, the jurisdiction of
Mr. Justice Gompertz-is there any Consul-General at the Shameen. He would
The Attorney-General--If there is a
question of jurisdiction to be raised here, I would point out that it is already decided upon.
After further argument.
It was because & special trade mark nature of a hall mark that the Irish In- a page of the London Directory con- dustries Development Association took fidential, and the day after my letter out their trade marks under this section. appeared the list was distributed at the It is a guarantee of quality as well as meeting of the Dominion's Royal Com- origin, just as other hall marks mission; secondly, that my not quoting in my letter the remaining names of the Chambers, he says, was a suppression of the truth. It would have taken: nearly a column, and you would not have printed it
are
In one of their statements the B.E.T. Mark Association speak of the above see- tion as having been recognized as ful6]1- ing a long-felt want," etc., but during the six years since the Trade Marks Act of 1905 was passed, there have been nearly Now, in his letter be quotes the names 34,000 trade marks registered under the of three Chambers of Commerce as ordinary conditions, while only about a supporters of the British Empire trade-score have been registered under section mark-viz, London, Glasgow, and Bir-62 The long-felt want" statement is mingham. But the proposition has never therefore on a level with many other state- been before the Charaber in London-only ments made by the B.E.T. Mark Associa- before the Council or in Glasgow, andtion.
Chambers of Commerce must be weighed only came before the Birmingham Cham- bar on the day his letter appeared, when as well as counted. Speaking roundly, the suppression of truth by Mr. Freeman on file at the head office in London, of which about 84,000 are cotton trade marks Murray?
rapidly point out, particularly for the reason why the Court should not call sentence, and on being asked why sentence they were entirely against it. How about there are now about 320,000 trade marks
benefit of his Lordship the. Puisne Judge, that this question of jurisdiction had not been taken after all other matters had failed, but had been taken by himself on behalf of the prisoner from the first time that he came into the Court. Therefore,
upon the Crown!
Mr. Jenkin-Well, your Lordship, I de not know.
The Chief Justice-The practice in Eng. land, when Counsel applied for a rule nisi, was to show the Court prima facie reasons for the granting of the rule nisi, it was not a new point. He would show and the Court, if they saw sufficient rea- The procedure their Lordships presently that the grant-son, granted the rule.
The custom has ing of this writ was more or less under here is quite different,
He should been to take the argument for habeas the discretion of the Court.
corpus on the rule
Addressing the Attorney-General, his Lordship asked:Is it not an easier way for Mr. Jenkin to show us that this is a case in which we should ntertain the application!
submit that he was entitled to the issue of a writ of habeas corpus-not as a right, but as a course, and that if he disclosed probable grounds for challenging the jurisdiction of this Court and the Consul in the Shameen, then he was entitled to the writ as a right. The first point he desired to make was that the application
The Chief Justice-You will then have was made by virtue of common law and not by virtue of Statute at all, and that the opportunity to show why the Court
The Attorney-General-Quite so," my Lord.
$
The
INTIMATIONS
PIMPLES COVERED
FACE AND CHEST
Festery, Irritating and Sere. Inflam- mation Caused Unsightly Blotches. After Three Years Tried Cuticura Soap and Ointment and Was Cured,
"The parts most affected were my face and cheat which were at times covered with festery pimples and were very Irritating and sore. I have been to various doctors with them to try to get them curet during the last two or three years with- out arcess. They told me it amas from stomach trouble and gave me medicine for it, but it did no good, The pimples on my face used to discharge for some time and were surrounded by a great dest of afammation which caused very -unsightly-blatches.
"A friend of mine advised me to try the Cuticurn Soap and Ointment for my trouble. I thought them would be no barm in sending for a sample of Cuticura Ointment and I am now very pleased I did so. I have only used three boxes of Cuticura Ointment and a like amount of Daticura Soap and am very pleased to say I are cured. I shall certainly recom- mend the Cutlasta Bezhettes to anyone I know that suffers from skin trouble." (Signed)
8. Bailey, Ouk Mead, Kimberies d., St. Albans, Herts., Eng., Aug, 10, 1011.
No stronger evidence than this could be given of the success and economy of tho Cuticura Remedies In the treatment of all forms of eczemas, rishes, itchings and fri- tations of the skin and scalp. A single bot bath with Cuticura Soap and a gentle ansint- Lag with Cuticura Ointment are often suff cient to afford immediate relief in the most distressing coaca. Bold throughout the world. A sample of each with 32-p, book free from Barost depot: F. Nowbery & Botu, 27, Chim terhouses, London; R. Towns & Co., Bydney, N. 8. W.: Tennoa, Ltd., Cape Town: Muller, Maclean & Co., Calcutta and Bombar: Potter D. & C. Corp., sola props., Boston, U. 8. A.
The Chief Justice said his opinion was that the indictment was good, and that being so he did not think any farther question arose. They would re fase the rule. As to the powers of the Court in regard to the appeal to Privy Council, he would hear that in Chambers the following day.
Prisoner was then brought up for
of death should not be passed upon him. said, "I can give no reason."
Of the 125 Chambers in the list only., Manchester has deposited more His Lordship donned the black cap,'
names of the other 87 are followed by the and I believe far more than all that have and, passing sentence of death in the 38 are printed without qualification. The than one-quarter of all the applications, usual form, said-The jury, after a long name in brackets of the president or been deposited through or in connection trial, have found you guilty of the offence chairman, who may bave given a qualified with the 1 Chambers of Commerce in of murder, Your learned Counsel has assent to a consideration of the question, the B.E.T. Mark Association list..
I have herein shown how this question although it had not been before the Cham- made every possible effort on your part, bor, which may explain why the list was was taken up by the British Empire In fact, the list will League, and as member of it I and further investigation of your case marked "Privato."
not bear examination as to its commercial ask permission to make a protest. may possibly engage the attention of a high Court in England--the Privy Coun-value, and creating a B.E.T. mark is league was started with lofty ideals: the objects. were national and of the Empire, purely a commercial question,
Further, Mr. Freeman Murray says of inspired and dominated by the purest of cil. The law, in any event, requires that
On the league letter- aware that the name, patriotic motives, me that I am I should pass sentence of death upon you,
of firm
may placed his Majesty the King, her Majesty the but I shall acrest the execution of that address, and trade mark of a British heads it is printed that the patrone are sentence that is to say, stay the execu-on textiles imported from a foreign Queen, and her Majesty Queen Alexandra; tion of the sentence-that it is my duty to country and then shipped to China, the vice-patron is the Duke of Connaught. or even sold in England. This practice The president and vice-presidents are 25 pass upon you until His Majesty's plea is most misleading, so further indication noblemen, with 11 others which include that goods are actually British is, to say the leaders of both political parties and the least, advisable." The proposed some members of the Government. British Empire marks of origin could not executive are 29 gentlemen of rank and repute. Among the above there may be be placed on foreign goods.'
a few who understand commercial ques- tions, but, may I ask, is this a question that the British Empire League should have taken up and be engaged in pre- noting? The B.E.T. Mark Association say that their company will not make or Admitted, but one has divide profits. only to lift the corner of the cloth to see the machinery working and know that there will be much in it for many. There are promoters of whom I wish to speak in terins of the highest respect-namely, aid those who mistakenly lend their thinking the use of such a mark would CHRONOMETER-MAKERS, benefit our commerœ.
Some will remember the foolish agita-
sare be known.
IN APPELLATE JURISDICTION,
the Statute of 6, Charles I., Chapter 10. /should not. I think it will facilitate mat- BEFORE THE CRIEF JUSTICE (HIS HONOUR
commonly called the Habeas Corpus Act, which excepts the remedy given by that Act in case of treason or felony, plainty expressed on the commitment or whether а con the man was in execution or vict, did not affect the question at all, because the Habeas Corpus Act was only an Act passed to regulate the issue of a writ of habeas corpus and to prevent great delays and injustices which were practiced before that Act by persons to, whom writs were directed.
The Chief Justice-Have not these points been fully dealt with by the Full
Court?
or
ters that way..
Mr. Jenkin then proceeded with his arguments and to quote authorities.
MB, REES DAVIES, K.Ç.), AND THE PU18NE. JUDGE (HIS HONOUR MR. H.H.J. GOMPERTZ.)
APPLICATION FOR A RE-HEARING,
The Chief Justice said it was perfectly obvious that as regards the right of ap- peal in forma pauperis it was a matter Án ex-parte mction for a writ of which rested with the Privy Council and mandamus, directing the Magistrate to not with the Court in Hongkong, and sore-hear a certain case was made by Mr. far as the Full Court here was concerned
Eldon Potter (instructed by Mr. Reader they were prepared to say that in their Harris, of Messrs. Wilkinson & Grist). Mr. Potter said he appeared for the judgment it was a matter of great public importance.
WES
They were quite desirous
The Mr. Jonkin-No, my Lord. Attorney-General must, as part of his some other case, prove the Treaty Brrangement whereby the Court had jurisdiction where prime facie the Court did not have jurisdiction. The point I am now arguing is that I am going to Challenge jurisdiction, whoever proves the Treaty, and that whatever authority there in his argument. is before us for exercising jurisdiction in draw China it does not cover jurisdiction over
this man.
We
Mr. Justice Gompertz-We, of course. have not the Treaty before us and have Do knowledge of its contents, and dealt with the definition of "British subject" and held that the Court had inherent power.
Mr. Jenkin-The only point I wish to argue is that the Crown must prove jurisdiction. I never argued it at that
time.
now "
The Chief Justic-You said you had
not necessary, then they would uphold thegonviction.
The Attorney-General, in his reply for the Crown, thought his friend had throughout been guilty of two fallacies
merchants
bo
There is no such practice, and, if there were, it would be fraudulent, to punish which there are ample powers, but if any one did so, he would put on the B.E.T. mark just as he would put on the address of a British maker. There are no textiles imported to this country and reshipped to China; the suggestion is ridiculous. And it is staff as this that is used (like the sham Chambers of Commerce) to eke out support for an impossible case.
There may be a few articles imported and sold British manufactures, but the poverty of the case is shown by such Take cotton goods. We manufacture 120 millions per annum and statements.
The truth is, we are ourselves the greatest offenders in this respect. About two years ago a West-end firm had a "All-British " manu- week's sale of factures, when buyers (mostly ladies) found that what had frequently been sold real French was made by
to them as ourselves.
A few years ago American foot-wear and Regent-street there are "American" had & vogue with us, and in the Strand boot and shoe shops. There are also some in Edinburgh and in other cities, but the boots and shoes are made in Northampton and Kilmarnock.
The
I opposed it, but then as now the producing country stamped on all few had knowledge, and many were imparts. attracted by the word "Empire" The use of the B.E.T. mark would have couse- quences many times more serious,
89.5
Chs. J. Gaupp
& Co.,
ALEXANDRA BUILDINGS,
CHATHS Road,
WATCHMAKEES,
JEWELLERS AND OPTICIAN
FINE
DIAMOND
JEWELLERY
A SPECIALITY.
One word in conclusion. The com munity of this country who own trade marks are well able to take care of them-- selves. There has been no demand what- ever from them for any such a trade mark, and they will oppose its sanction by the Board of Trade. They may surely ENGLISH, AMERICAN be allowed to know their own business, British Empire League promoting and Meantime I repeat my protest against the financing what is looked upon by some as a mero money-making movement, and, if successful, may lead to consequences very detrimental to the reputation league.-I am, yours faithfully,
of taking the opinion of the Privy / *pplicant and asked for an order calling import about 2 per cent. or less-e., we tion of 20 years ago to have the name of
Then he (the Chief Justice) pon Mr. "C. D. Malbourne and Mr.make and sell £98 in value, against, say, Council.
that could possibly be stamped and sold believed he had abundant authority in Hodgson to show cause why a certain imported. And only a trifling part of such case for sentencing the prisoner and plea of guilty entered in certain pleadas British. I have never heard of any arresting the carrying out of the sentence ings should not be expunged, and in the being so dealt with.
The applicant, Wong pending His Majesty's pleasure. If the alternative that the said Mr. Melbourne Privy Council agreed with the Court's rehear the case. view, that the production of the Treaty Hong, was charged with exporting opium, a plea of guilty was entered, and he was convicted and fined. It was a peculiar case, and he did not think there had been one on all fours with it in the Colony, At the time the plea of guilty was entered this man was not represented. Ou the question, "You werc exporting opium?" being put to him, he made answer, as was often made in these cases, "Yes, I was taking it to Yaumati." The interpreter apparently translated that as being guilty, and entered a plea of guilty. They applied for & re-hearing, but the learned Magistrate refused a re- hearing. In fact be gave them leave to appeal, for which they did not ask him at all, and he would show that an appeal could not cover this case, because in the face of the record the man had pleaded guilty.
Counsel having quoted extracts from the Magistrate's statements and the he thought they had plenty of grounds evidence, the Chief Justice intimated that for appeal.
Mr. Potter-Your Lordship will have to fix a day.
His Lordship-It will not be till after Christmas.
of the
A. D. PROVAND. 2, Whitehall-court, S. W., November 7th. RUMOURED PLOT IN NANKING.
Some of the shops have stars, bars, and eagles blazoned on the windows, which mislead bayers (or at least many of them). boots and shoes. And this is done in who think they are obtaining American face of the fact that we ship boots even to the United States, and that our boot
Eumours have for the past two days and shor exports have increased between two and three fold within the last few been current utnong the Chinese in years. But the public do not read Board Shanghai of a plot either at Nanking or of Trade Returns, they only see what-is-Soochow, says the N-O-Daily News, and on the windows.
Still another instance. Just before & recent General Election there was an exhibition in Manchester of goods made abroad to show the trade we lost by not fact it was found that some of them were made by ourselves. I, however, acquit making them ourselves. As a matter of
only the promoters of the exhibition of in- tentional deception; they were politicans, they knew no better and were themselves imposed on.
A word as to the history of the move ment for the B.E.T. mark.
A SENSATIONAL REPORT,
the report has created the greater sensa- tion from the fact that it is stated at the same time that a well-known officer of the "Dare-to-Dies" has lost his life in conre- been silent upon the subject of any such doings in Soochow or Naoking, but the quence. So far the vernacular Press has
indicating that something has been amiss. Chinese themselves have certain news
of Governor Chên, of Soochow, and, The plot, it is said, was aimed at the life consequent upon its discovery, the arrest and execution of the officer took place.
AND
SWISS
GOLD AND SILVER WATCHES.
GOLD AND SILVER BRACELET
WATCHES.
ENGLISH MOUNTED CHINESE JADE
JEWELLERY
MAPPIN & WEBB'S
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He endeavoured to between distinction a marked
at cornis writs of habeas
common law and writs of habeas corpus under the Statute. For the purposes of his tho Attorney-General's) argument, there was no such differenes at all, but he was quite prepared to accept whatever distinction there might be in his friend's favour, The second point where he thought his friend's argument-was-fallacious was that he had not appreciated the very marked difference which existed between the pos sibility of the granting of habeas corpus on commitment and after the conviction, Mr. Justice Gompertz-You suggested. Mr. Jenkin-Yes, because your Lord-The two things were essentially different, ship the Pulene Judge put to me, "Are Whether one might obtain a habeas corpus you prepared to put this point before met when a man was committed for misdemean- Are you prepared to argue that point our under the Habeux Corpus Act, or whether ane might obtain the habeas corpus after the man was committed for
Mr. Potter-As your Lordship pleases. felony at common law did not matter
Confirmation or denial of the rumour not the Treaty before you, and you said for his purposes at all.
The beginning appears to have come
is eagerly awaited in Shanghai, where, you did not have cognisance of the Treaty
SUICIDE OF MR, D. M. FRASER. from the Glasgow Chamber of Commerce,
of course, the "Dare-to-Dics and their: After further argument, the Chief
to which I wrote and received the follow- before you.
Do you contend that the Justice referred to the number of autho-
leader are well-known. It may be remem- The following extract from a recent ing reply: Order-in-Council
bered that some weeks ago this regiment and the Foreign rities quoted by the learned Attorney Australian paper will be read with regret
British Empire Trade Mark.
Glasgow, Nov. 2, 1912.
was ordered up to Nanking, to police the Jurisdiction Act are ultra wires because General, and said that Counsel for
Dear Sir, I am in receipt of your letter city, it was said, but until the present no they are beyond the powers of the Treaty the prisoner had not only conducted by many in Hongkong to whom deceased
Mr. Jenkin-Lam going to do that, his case 65.
he should have done, was known as an engineer engaged in the of yesterday, and in reply thereto beg to
state that the directors of this Chamber in information has been received to suggest my Lord.
very strenuously, but he had
done construction of the Canton-Kowloon Rail-17910 had certain papers in connection with that their presence was & cause of any The Chief Justice-You understand the so with marked ability. The Court,
Dr. R. H. Cole, P.M., the Coroner, held the above handed to them by a Mr. Boyd anxiety to the authorities In such of this city, who claimed to be the originator circumstances it is impossible to guess at the motive of a plot against the Governor procedure that is invariable here? The however, had no hesitation in refusing an inquiry at the Morgue to-day con- of the scheme, and were proceeding to con
of Soochow, if any has been planned, and THE EYE whole procedure if an application is made to grant the writ, In regard to the cerning the death of Duncan M'Intosh sider the matter, when Mr. Boyd intimated
it is the more difficult to gauge the Fraser, aged 44 years, single, civil that he had arranged with the British ex parte has been that the argument is other question, he thought what they had engineer, who resided at Banksia Street, Empire League that they should take over possibilities of truth in the rumour. taken altogether on the application as a to do was to give leave to appeal to the Heideiberg. Fraser was on November 21 and face the scheme if this Chamber whole.
Privy Council, expressing the opinion found lying in the back yard of his repassed a formal resolution transferring the sidence with a wound in his right temple. matter to that body. There is no record of
"A handicap golf match was played at Mr. Jenkin-I never argued the ques that it was a case of public importance.
James Hamilton Fraser, civil engineer, any discussion in connection with this matter Mr. Jenkin then said that when his residing at Banksia Street, Heidelberg,
the week-end between the U.S.R.C. and tion of usage and sufferance at all, the and
"Yours faithfully,
the Kowloon C.C. (Golf Section) and "THOS. CAMERON,"
resulted in a draw as follows:- should apply for an arrest of judgment. been extremely depressed of late. He was
And the directors (not the Chamber) Dr. L. Wood, 10 G. H. May. suffering from a nervous breakdown. His on the point that I am entitled to apply He was entitled to do this where the brother had visited a sister who was ill then passed the following resolution: under common law, and that the Statute Court had no jurisdiction, and, secondly. in Sydney six weeks ago, and had been
That the directors of the Glasgow Lient. Bagaall... 01 D. J. Mackenzie. At 1.16 p.m. on
Lient. Thompson.. 0-1 8. E. Green. of the Habeas Corpus Act,
which where the record, or the indictment, was worrying about her,
on the proposed British Empire trade mark scheme, which they respectfully C. N. M. Hamilton 1-0 R. L. Atkinson. from the railway station to his home he
Comdr. Beckwith.. 1-0 W. Corwen- upon it which was good in law, or where heard a shot fired, but did not attach any suggest should be carried out by the Dr. D. Allan... 01 A. 0. Brawn. it was so defective that the Court could importance to it. On going out into the British Empire League British Empire Tout. Morgan..... 10 J. H. M. Mead.
yard a little later he saw his brother
G. H. May & D. J. Lieut. Bagnall... - Mackonzic. not enter judgment upon it.
The Attorney-General said that in view lying on his face. A revolver was on the League took up the business, and in Mav, Dr. L. Wood &
G. Witness sent for &
Duncan of certain authorities, which he read, this ground at his feet,
A special trade mark under section 62 of Captain Passy &
Lient, Thompson 0-1 S. E. Green. doctor, but his brother died a few minutes 1910, applied to the Board of Trade for Court could give leave to appeal or, after his arrival.
the Act of 1905.
A. 0. Brawn & found that Duncan The Coroner where the prisoner had to take the first
The promoters say their mark will only C.N. M. Hamilton.
R. L. Atkinson. & Dr. D. Allan 0-1
W. Curwen & J. steps, apply direct to the Privy Council. M'Intosh Fraser died from a gunshot ind cate origin, but the mark annlied for
wound in the head, self-inflicted. There under section 62 is more of a hallmark Comdr, Beckwith &
Lient. Morgan.. 10 H. M. Mead. Mr. Jonkin-I believe I am entitled to was evidence of mental depression at the than a trade mark; the Comptroller apply for an arrest of judgment, where I time.
states so in his report. It covers quality
way:-
that is one of the most important points. 1 Lordship called upon the prisoner he said that his brother, Duncan Fraser: had in the minutes of the Chamber.
These references to authorities are merely
GOLF.
apparently precludes the application, such that no judgment could be passed November 21st when witness was walking Chamber of Commerce look with favour Capt. Passy G. Duncan
does nothing of the kind.
Mr. Justice Gompertz-The question is whether it is necessary to argue that point further. I do not know what the Crown has to say upon this.
The Attorney-General-There are good many cases in which this very point has brought up as to whether the Court ought to grant the writ of habeas
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