AN OLD CASE RE-OPENED.
AMURIČAN GOVERNMENT AND VICENTE
BOTTO.
Stites.
THE HONGKONG DAILY PRESS, SATURDAY, JUNE 71. 1913.
for to do. Further, hia Worship would be vory careful in granting bail where a convicted tun had not only fed from justice but had also estreated a very big. bail. He estreated a bail of ne less than 815,000 in the Philippine Island
favour. Ho had been in the Colony several years, and had never left it.
His Worship adjourned, the case to noon in order to give Mr. Brutton time to present his authorities.
Before Mr. F. A. Hazeland, at the Magistracy yesterday, an application was {
On resuming Mr. Brutton re-iterated spade for a requisition for the surrender bis previous contention, that it was his of Vicente Bolto, the editor of the Philip."] friend's duty to state reasons. It was not pine Republic, to the American Govern- for him to show that the Court had power meat, on a charge of abduction at Cebu, to grant bail; it was for his friend to within the jurisdiction of the United show that the Court had no power. He Mr. P. M. Hodgson (Crown Solicitor) could, however, show his Worship that he appeared in support of the application: had power. Mr. Brutton also called the attention of the Magistrate to Chief Mr. Reader Harris (of Messia. Wilkinson Justice Piggott's statement in the judg & Grist) represented the American Consul, mont of the case before the Full Court, and Mr. G. E. Hall Brutton appared that the Crown seemed to put all the obstacles they could in the way of the prisoner.
for the fofendant.
Inspector E. O'Sullivan told his Wor- ship that he arrested the defendant in purauanes of a warrant al four o'clock yesterday afternoon.
The Crown Solicitor applied for a short remand. He was ready to go on when- evor his Worship could fix a date.
Mr. Bratton asked for bail, but the Crown Solicitor opposed.
Mr. Brutton requested his friend to state the grounds upon which he opposed bail. The man had been up before the Magistrate twice, and stood his trial. Abduction was misdemeanour according to English law, and on that he was
entitled to bail ne a matter of course.
His Worship-Are we going to argue this point? The law is not settled as re- garde the oxtradition proceedings.
Mr. Brutton thought it was settled, and said the eneo must be tried in the same way as if the offence was committed in England. Hi Worship must also take into consideration the probability of the man taking his trial, and that "robability was all in his favour. His Worship was not in the Colony on the first occasion when the defendant was arrested on the same charge. Extradition was ordered,
ref
bail? What was the amount last time!
His Worship What do you all heavy Mr. Brutton-85,000.
BANKRUPT'S MANY INTERESTS IN CHINA.
TH ADVENTU KES OF CHARLES ETI AB
COMPANY PROMOTER,
HONGKONG SHARE
·MARKET,
Messrs. Verson & Smyth in their weekly share report dated th Juno stat:~-~
The local market has continued activa
throughout the past week, and rates in many instances have further advanced, notably in Darks and Wharves. London, after firmness, closes easier all round, with a severe decline in "Shell" owing
ship bad inherent power to grant bail the latter "ball hear the case intry. To 1011 he returned to England to hai T.T. at 72}. Consols are now quoted
he would be very careful in exercising that right, and that he would not exercise that right unless there were exceptional grounds for doing so. Thirdly, that if his Worship could exercise that right, that he should not do so in this case for certain reasoNY.
the same manner, And
BANKS.-Hongkong and Shanghais have weakened to a selling quotation of 8805 after small sales at the rate, London being unchanged at £81-10-0.
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Mr. Brutton objected, and said there was absolutely no evidence before the! The first meeting of creditors was held last month at the London Bankruptcy Court on this matter.
The Crown Solicitor said he would Court, before Mr. E. Leadam Hough, prove it in five minutes if necessary. He would substantiate his last argument, by Senior Official Receiver, under a receive a quotation from Piggott on Extradi-, ing order made against Mr. Charles tion, in which he said, in regard to bail, Emmrub Etti, company promoter, 490, that "the fact that a man has escaped once would be sufficient ground for its Uxbridge-road, and 102-104, New Oxford refusal, and Lord Russell, in a judg-street, W.C.
to the suddon pressure of forced selling ment, said practically the same thing. The Chairman reported that the debtor orders coupled with a light money market, If his Worship, decided he had inherent had attended before the Examiner, but from which, however, an early recovery is power, and decided to exercise it, then he had failed to keep the appointment for looked for, and is to some extort already, must ask for heavy bail.
completion, and was not present at that
Fine Hard Para Rubber meeting. It appeared from his statements in wvidence. that a previous failure was recorded clom at 3/8 per ib., and Flantation against him The Crown Solicitor-Assuming that it dividend was paid under those proceed sham market being quict.
in November, 1007; no Sheets at 3/1 por lb., the tore of the is before the Court, in regard to the ings, and no discharge had been obtained.
The Bank of The Crown Solicitor said he would deal estreatment of $15,000 bail, in this case In July, 1935, the debtor became manager England rate of discount is undhanged
I must press for heavier bail. I must with his submissions under throo heads.
sak for double that amount.
and editor of the Investor's Mari, which ¦ at 4 per cent., but the open market raté The first would be that his Worship had Mr. Brutton, in reply, said his friend paper was taken over by the Holborn has hardened considerably and is now no power to grant bail in extradition had referred the Court to Section 9 of, Printing Company, formed with quoted at 41 per cent. Bar Silver closes proceedings under the Extradition Act of the Extradition Act of 1870, and under nominal capital of £1,000. The debtor quid at 27 11-16d. rondly, and 2716-10 that Bection he (Mr. Brutton) submitted remained with the company for six 1870, and amended and additional Acts, that when a fugitive criminal was months, and then went to China, with a forward. Storling T.T. is quoted at Secondly, be submitted that if his Wor-bronght before a polics Magistrate, view to promoting trade with that coun-1/11, Singapore T.T. at 85), and Shang-
have the manage the Asiatic Protection Society, same jurisdiction and powers as near as the aim of which was to protect Asiatics at ex dividend.
as if the prisoner were brought coming to England, and to promote trade may be before him and charged with an indict with China. The Society was taken over able offence committed in Englund. It was clear, contended Mr. Bruten, that in August 1911, by the Asiatic Protection Society, Limited, formed with a capital the Magistrates' Ordinance in this Colony of £1,000, and a few months later the gave his Worship authority in which case name was changed to the China Trust
MARINE INSURANCEA ---Unions to admit bai! and in what eirenmstances Exploitation Society, Limited The quiet market at $799), and Cantons at he shall admit to bail. One of the
debtor noted an traveller for the Society, $300 sellers. North-Chinas are wanted at latter causa was that of indictable mis-
August, 19:1. In his absence the com- rate of $165 with ex 73 pany, he alleged, went into illegal voluntary liquidation to rid themselves. of their liability t him for about £3,000 in respect of salary and money advanced. debtor started business in partnership Whilst in China in September, 1911, the with Young Tai, Chinaman, at Hong
SHIPPING. Hongkong Canton, and kong, as financiul, civil, and consulting Macars after fairly extensive sales at engines and general contractors, In 827) and $274, close with buyers at the February, 1912, Charles E. Etti & Co., latter rate and sellers at $271. Indo- Limited, was formed with a capital of China hare advanced to a buying quota- £1,000, to take over the business, and inition of 802, and China and Manilas to company was chinaged to the Engineering Douglases are quiet with sellers, at 8374 Union of China, Limited, the capital and Star Ferrys firm at 1 with sales haing increased to £10,000. The company and further buyers. was still carrying a busines.
Ous.-Shell Transports in the early November, 1911, the debtor obtained a part of the week were bought from Lon- conccasion from the Chief of Seventy-two don at 115/41, 115/6, and somewhat higher Guilds, of China, to apen branches for rates up to 118/3, but, owing to the ures- promoting trade with China, and to sure of forced liquidation and a stringent publish the Eust and West Recitir, Amoney market, the rato suddenly collapsed company was registored in February, to a selling qactation of 109/4, but has 1912, as the East and West Society of since recovered to 110/75, at which further China, Limited, with a share capital of purchases have to-day been made
private telegram, which wo, have been £1,000 and debentures 20,000. The paper courteously permitted to quote, announces was still being published, and the com- the declaration of a hal dividend of 4/- pany debtor had also been interested in J. was carrying on business. The
67- for that fa per share for 1918, maidend of 1/- per year, and an interiz Brown & Co. (Oriental), Limited, formed share for 1913 account, both presumably OF FINEST QUALITY AND HIGH PRECISION. to import Chinese blackwood furniture payable on Coupon 20. Ural Caspians
have declined to into England.
44/8 middle, and Mexican Eagles are armer at 40/8 middle, London being a buyer at 30/8.
His Worship-The last two are practi- demeanour, and according to English and went to China on its behalf in Tls. 133, and Yungtszes at the reduced-
cally identical, are they not?
The Crown Solicitor-Nearly so, your Worship, but there is a difference, Ho added that his submission was that his Worship had no right at all under the Extradition Act to grant bail. It had not been decided under Extradition Acts that this or any Court lind jurisdiction to graut bait. It seemed that as regards
FIRE INSURANCES. -- Hongkon's after further sales at $350 are former with Chinas are buyer pevailing at 8357. probably be accepted. easier at 8116) sellers, and 8140 would
And habeas corpus proceedings ensued. this jurisdiction there was an omission udgment of Sir Francis Piggdt, which he following Celober the name of that S10 buyers after sales at 80, 891, and
And he was acquitted. Last year, or the beginning of this year, he was again ar rested on this charge, and on that occa
sion he appeared.
His Worship questioned his power to order bail,
Mr. Brutton said he clearly had power. It was the duty of the Magistrate to admit a person to bail. The power was judicial, not ministerial. Bail was not to be withheld merely as a punishment.
His Worship-Does it quite apply to extradition t
of
There was
from the powers of the Magistrate to grant bail. He referred his Worship to Section of the Extradition Act of 1970, which said that where or when a fugitive criminal was brought before a police magistrate he should hear the case in the same manner and have the same jurisdic tion and powers as near as might be as if the prisoner were brought up for an indictable offence in England. There was very similar clause in the Fugitive Offenders' Act.
His Worship-There is express power to admit bail thore, is there not?
In
A
law abduction was misdemeanour, and therefore he "shall" be entitled to bail. His friend contended that under the Extradition Act there was no power given the Magistrate to admit to bail, but the that there was power. There was an in- case Rez. v. Spilsbury clearly showed herent right to admit to bail in all cases in which the Magistrate had power in ordinary casos, Halsbury showed that the Magistrato might admit to bail as often as he remanded the defendant.
Mr. Brutton called attention to the aid that the defendant had been in Hongkong certainly for two or three years, and had published the Philippine Republic, which, in fact, he was still pub- lishing. No steps were taken until 1912, and then these proceedings него сот- menced, and he was admitted to bail on that occasion. If he had any intention of running away would he not have done so then, when the case had not been tried, and he did not know whether be could he extradited or not? Then a second time he was arrested. and again discharged. Then he was arrested this, the third, time, when he had the judgment of Sir Francis We not his Piggott to back him up. chances of being set at liberty greater when the case had been decided by the Full Court in Hongkong? Was he not safer in Hongkong than anywhere ele, assum- ing that the present Court of Hongkong. The mooting was adjourned for three upheld the judgment and it must to a
weeks to enable creditors to be notified of large extent uphold the judgment the proceedings, and with a view to a of the Full Court.
RIPINERIES-China Sugars after sales Therefore, why
more representative body being in attendat 805 and $108 close quiet with sollere should he run away because they were
at the latter rate. Lazous are a neglected making a third attempt to get him into cc. their clutches? He asked his Worship,
en rket, at $37. under Section 9 of the Extradition Act of 1870, which did not by implication or GREAT express words take away the power of the Magistrate to grant reasonable bail to the defendant, and not the exorbitant and extortionato bail asked by his friend. The committing of a man into the custody of his guarantors was quite as sufficient security for obtaining his attendance as locking him up, and there was this to be said for it, that the Court would not be preventing him from proper opportuni Counsel for the defence.
NORTHERN TELEGRAPH
COMPANY.
The report of the Great Northern Telegraph Company, Limited (Denmark), states that the revenue account shows that the total receipts of the company during the year 1912, including the balance brought forward, amon bed to £716,678, net profit of £518,598, which the board and the expenses to $108,080, leaving a propose to distribute as follows:-Reserve of staff, ordinary endowment £1,111, and renewal fund, £55,555; pension fund extraordinary endowment, once for all, £16,866; remuneration to the ward of
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HOWARD
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ADJUSTED FOR TEMPERATUEM ABU
POSICIONS.
Misis.-- Trenchs have been bought THE PRICE OF THE from London at 75/-, and at slightly.
der this more shares could be placed. A telegram from our London agents announces the output for May at 174 tone-2,823 picals, of a gross value of £21,000, the working cost and expendi ture on capital account for the period Heawoods are quiet at being £1,000 4/3, and Raubs at 831 with probable Chinese Engineeringa bave advanced to a middle quotation of 513/9, and Pahangs are firm with London a buyer at 1073.
sellory.
Docks, WuRves and Godowni-Hong-
Mr. Brutton-Yes, clearly, because ex- tradition is tried in the same way as any
Mr. Brutton-Yes, your Worship. other. trial. I have not come to Court
Continuing, the Crown Solicitor said prepared to argue that. All extradition cases were treated in exactly the same that in the Indictable Offenders' Act, in way, and the prisoner is treated as if committing anybody to prison the words the offence was committed in En-land. wore and shall commit to prison or It does my that if the Magistrate in admit to ball." It seemed from that that the Legislature especially intended that satisfied that the prisoner is such a dangerous character that he should not the jurisdiction and power given to the be allowed his liberty, the Court is at Court to admit to bail should not be liberty to detain him. But can this be extended in a case of extradition, for said of this man? I am not speaking of reasons which he would give to his murder or anything of that kind; it is Worship presently. There was another wimply of misdemeanour that I speak.
section in the Extradition Act which, he In answer to his Worship, Mr. Brutton thought, clearly showed that it was not said he could find authority to that effect, the intention of the Legislature to give but not at that time. It was under the power for bail under the Extraditiones of instructing his solicitors and Extradition Laws England. He wanted his Worship to take the ordinary Act. The reasons for that were fairly
clear, innemuch as the Fugitive Offenders' mission still held good, because the The Crown Solicitor said his first sub- rules which applied to bail. no necessity whatever to keep the defen-Act dealt with the extradition of British reasons given by his friend were those of
to advance steadily throughout the week, interim dividende dant that day. Apparently the prosecution subjects from one British possession to inherent power by the King's Bench and
kong and Whampoa Docks have continued Further, the inherent directors, £2,500; of nothing else. desired to punish him, because they could another, and it was quite possible that
power was only
under the already paid, 5 per cent., £70,000; final and after various sales up to $53) close a doubtful enquiry for further That was what it the Legislature thought that they would Fugitive Offenders Act, and had nothing dividend proposed, 7 per cent., £112,500 with
at this rate. Hongkong and not extradite bim.
whatever to do with the Extradition Act. bonus proposed, 7 per cent., £112,500 shares amounted to.
give an inherent right or discretionary As to the second point, that the Philippine (making a total of 20 per cent.), leaving Kowloon Whurves have also hardened, the His Worship expressed his desire to power to the Court to grant bail under Government know that the uriouer was to be carried forward £122,764. While closing rate, after sales at S to 886, have the question as to whether he had that Act, and that was the reason these here in this Colony, the Chief Justice, as the distribution on the shores is raised being firm with buyers at the latter words were put in. But they had a very a matter of fact, did not deal mecifically, by 2 per cent, the directors warn the | quolation, and no shares obtainable under power to grant bail argued.
on that point. Mr. Justice Gompertz shareholders that they should not draw an advance. New Amoy Docks are quiet Mr. Brutton repeated that his Worship different state of affairs when dealing said that there was no surnosition what conclusions too lightly as to the future at 89, and Shanghai and Hongkow He could apply with friendly countries under the Extra-ever that the Philippine Government was from the increased payment now to be Wharves neglected at a nominal quotation hail power to grant bail.
aware that he was here. He gain sub-made, because under new arreement of Tis, 108. Shanghai Docks have sellers for habeas corpus if his Worship refused dition Act of 1970, where they were called that his Worship had no power with the Japanese Government consider in the North at 21s. 62.
upon to carry out Treaty obligations. to grant bail.
able reductions will have to be made in His Worship-Let us argue the point There was an international contractual His Worship said that in this case he tariffs in the various Tar Eastern coup- obligation to a foreign country under proposed to adm t the defendant to bail trics. At the same time, however, while ccording to the practice at Pow street, the decrease in traffic receipts which will Mr. Brutton-My client must thou re-Treaty to do all they could, and all in their in the absence of express authority as to result from these tariff reductions cannot wain in gaol, and why should be! The power. to carry out the intention of this point. It was
a law one might yet be determined, the board states that man has never gone away before. You that Treaty, and to comply with a describe as being very unsatisfactory, but it accepts the position with equanimity have discretion, and have exercised it requisition made
he proposed to admit him to bail because owing to the large reserves which have by that foreign he found it laid down in liron and beon set aside in the past to sure the before..
and friendly Government, to hand over Chalmers that this was the only Court future of the company and the stability Hie Worship-I do not know that
any fugitive offender to whom they were that had jurisdiction in respect to extra of the shares. have discretion.
dition cases. Though Mr. Biron was nof
*bail.
to-morrow.
& power
Mr. Brutton-I asked for bail; the rightly entitled to have handed over. His the Magistrate at Bow Street, he was a
prosecution opposed the application, but bail was fixed at 25,000. I objected that it was too high. Your Worship has your own autaority for granting bail.
His Worship-I do not think there was the same strenuous objection to bail
in this case.
The Crown Bolicitor said the only strenuous objcction was as to the amount of bail. The bail was consented to last time, and it was not a small sum-35,000, Mr. Erutton asked the difference be- tween that case and this.
The Crown Bolicitor said there were certain other matters to be dealt with in the former case which were eventually dealt with by other authorities, and that was the reason why no other ormosition WAE offered,
Mr. Brutton contended there was no difference. He added that he had not brought his authority as to the Mar trate's power to grant bail, because he never thought that his Worshin who had granted bail before for misdemeanour would not grant it on this occasion when all the facts were in the defendant's
JANDE, HOTELS AND BUILDINGS.-Hong- kong Lards have ruled firm, closing with sales and buyers at $110. Kowloon Lands are strong at She buyers, and West Points at $14 buyers after sales at 84. Hum- phreys Estates have been booked at $8 and $81, and can now be placed at 29. Hongkong Hotels have improved to 8121 and $87 buyers for old and new respec- tivály,
COTTON MILLS-Hongkonge have been booked at $81, 89, and 891, the market Ewos have friend had said that the only reason that Metropolitan Police Magistrale, and he
Nearly 4,000 sacks of copra hive been closing with sellors at 80.20. opposed bail was because this Govern was satisfied that he would not put those salvaged from the Swedish reamer declined to Ts. 135 sellers and Kung ment knew they could not extradite the words into his work unless h was 62t'sfied Nippon and taken to Manila. Part of Yils to Tls. 13), the latter closing with offender, and consequently wanted to Having regard to all the circumstances, Customs and the preceds bold pending
that that was the proptice at Bow Street, this has been sold by the Collector of buyers. punish him. That was a most frivolous his Worship said he pronosed to admit a settlement of the dispute between the owners of the Nippon and the people who and unwarrantable suggestion, because, defendant to bail in 86,000. as he had said, they were under a con-
The case was adjourned until the 11th have taken possession of the ship as she and 12th inst.
lies on the reef. actual obligation to a foreign country to do all they could, and it might well be that should bail be granted without any opposition on the part of this Government very serious and embarrass- ing diplomatic questions might arise were the offender to abecond on bail being granted.
The Crown Solicitor quoted various authorities, song them Sir Francis PH
Piggott, in support of his contentions, and said that in the case of Res. e Spilsbury, quoted by his friend, it was clearly shown that the King's Bench had power, but it said nothing about an inferior Court. He submitted that if his Worship found he had inherent power he should not grant bail in this cos because where they had a fugitive offender
very
ipg from a country where he had been convicted--which he thought was much stronger than where he was wanted to take his trial-they were bound by Treaty to extradite him if called upon so
439
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MISCELLANEOUS-China Providents have advanced to 9, at which rate shares are THE brocurablo. Green Island Cementa are firm at $5.60, Electrics at 537, Ioes at $184, Ropes at $21, Powells at $10, Wolmann's at 823, and Hongkong Electrio Trams at 7/3 ex dividend, all cling with buyers. Dairy Farms are procurable at $98, China Lights at $4, Steam Laundries at 841, Watsons at 88L ex dividend, Pulps at $20, and Steam Fisheries at 84. Langkats are slightly ürmer on the week with buyers prevailing at the close at Tis. 56.
hand
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LONDON QUOTATIONS to meroing by wire from our Agents there are as follows (all middle prix)
Tronoh Mines ........................................... 73/0
Pahang Consolidated
10/9
Ural Caspiana ....
44/6
Malayan Tin Dredgers
boja..
United Serdangs:
10/.
Mexican Eagles
40/6
Rubber Trusts
Eastern Trusts
17/
.108/3
Indo-Chinas (Combined)., 185/
Shell Transports
7/7) premium
Chinese Engineerings..... 33/0 Honghong Cloetric Trams. 7a
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