TIM DEFENCE OPENED.
The hearing was continued before Mr. E. A. Hazeland yesterday of the proceed ings for the extradition of Vicente Sotto. Mr. Bratton observed that his Worship mentioned on Friday that one of his objections to deciding this ease himself way that if he came to the conclusion there - was no evidence, the Crown might apply.
to him to atate a caso,
Ilis Worship-No, no, that is not the
THE SOTTO EXTRADITION CABE, into the United States, but the territories should not be admitted a States until Congress sees fit." He thought ho could pot do better than cite Bryce with regard to territories, when he said, in regard to the position of a citizen in a territory, that he is in the position of an Austra lian. subject of the British Crown, who has the full British citizenship, and a share in the Government of his own Colony, but has no share in the govern ment of the Britishi. Empire at large although personally eligible for any political office in the United Kingdom or in any other part of the Empire He would show his Worship later in what way the Philippine Islands differed from the territories. It was not necessary to ascertain what were the rights, privilegen, and immunities of an American citizen, The principal one was citizenship, and that practically carried everything. Once a man was a citizen of the United States be was entitled to trial by jury, al imposts, Federal taxce-in fact, everything granted by the Constitution.
rsson,
Mr. Brutton-I know that, but your Worship said that might be a consequence, I man tisfy your Worship there can be no such application auder the Extradition Acte,
His Worship-† just mentioned that casually
Mr. Brutton-I am prepared to satisfy you that such application can not bo
made.
Continuing, Mr. Brutton applied for the discharge of the defendant on the ground that the Crown had not made out a case against the defendant. The first ground was they had not proved the Philip- pine Islands were a constituent part of the United States. The second point was that the documente were not property authenticated The third was, there was no evidence of an extraditable crime; and. the fourth was that under Section 6 of the Habeas Corpus Act, the matter was Pejudicate. The fifth point was that the Orders in Council had not been proved.
The Crown Solicitor Your Worship is There is no not taking this down? evidence of it.
THE HONGKONG DAILY: PRESS,- TUESDAY, JULY 18T 1913.
SUPREME COURT.
Monday, 30th June.
IN SUMMARY JURISDICTION.
Berors Mn. Justice Kemp (Puisns
JUDOE).
Exile
Frank Harty Hyde, of the Garage, claimed from J. Jenkins, aster of the as. Derwent, the sum of $1,000, being money lent.
Mr. B. F. C. Master, of Messrs. John son, Stokes & Master, appeared for plain. tiff, and defondant was represented by Mr. C. F. Mason, of Messrs. Wilkinson & Grist.
Mr. Master in opening said, it was n simple action for debt. He did not propose to open at any length because he had received from defendant's solicitor notice that he was putting in a special defence of illegality and the gambling Acta, He proposed therefore to put his client in the box and prove the loan of the money, and if his friend raised the question of the gambling Acts and illegality the burden would rest upon defendant to upset the prima facie case proved by plaintiff.
Mr. Brutton-My friend says there is as her all throgh these enses. no evidence of it. It is evidence, whigh It is all to be gathered from the Constitution which is in evidence,
Continuing on the question of citizen; ship, Mr. Brutton said that Article 4 of the Amendments to the Constitution set forth that "all persons born or natural-money had not been repaid,
His Lordship agreed with this course. Plaintiff stated that he was a partner in the Swatow. Hotel and used to assist in its management.
He had known defendant for thirty years. Defendant used to visit his hotel. Complainant in May last advanced $1,000 to defendant, The who gave him a promissory note:
Cross-examined by Mr. Mason-Many captains on reaching Swatow used to -the hotel. They played patronise billiards and cards there. They played billiards with each other, with complain.
Hy firm referred to Section 25 of thesed. in the United States, and subject Extradition Act, 1879, which read: "For to the jurisdiction thereof, are citizens of the purposes of this Act every Depen the United States and of the State where dency. Colony, and constituent part of a in they reside." His Worship would Toreign State shall be deemed to be within recollect that in connection with this Mr. the jurisdiction of and to be a part of Welch stated that the Filipinos had their ant or his son-in-law, who managed the,
such foreign State." Now the evidence was that the Philippine Islands were not
Own
Philippine citizenship, but no American citizenship.. The Filipino citizenship had nothing whatever to de with the United States. If the Filipino was an American citizen he was
more,
particular trip to Bwatow be lost in all $600 or $700 at billiards. Only complain- ant's son-in-law and defendant played at roulette, while Mr. Hyde turned tho whock. When the 1.OU, was sent him he wrots, * Dear Mr. Hyde, Please pay. I will see you at 11.30.". He meant that Mr. Hyde should pay himself.
J. C. Fraser, second engineer on tho s.. Derwent, spoke to being at Swatow in May laat with the ship. He visited the Swatow Hotel and saw Captain Jenkins lose a considerable sura of money at billiards. Witness was invited by Mr. Hyds to visit the roulette wheel, which he did in company with him. Witness had only 85, but be lost his money. The wheel was operated by Mr. Hyde..
Who took the $67-Mr. Hydo. Mr. Masm said he had shown that the LOU. was given in payment of a Under the Gaming Act it could not be gambling debt and that no money passed. recovered. The English Gambling Act was in force in Swatow,
Mr. Master disagreed, arguing that it did not apply in Hongkong.
His Lordship adjourned the case till 4 o'clock on Wednesday to enable him to look up the authorities.
LIKIN ON RAILWAYS.
IMPORTANT STEP TO ABOLITION.
With a view to encouraging tiade, a Presidential Mandate orders the aboli tion of the Hatamén tikin branch office in Peking as well as the offices in Fengtai, Machang, Nankou, Kaigan, Kangchuang, Hsuanhnata nud. other places situated on the Tientsin-Kalgan Railway. The likin offices will be closed from July 1. The Ministry of Finance has to pay $100,000 to meet the falling off in the provincial budget of Chill. The Mandate leaves it to the discretion of the other provinces to introduce the same reform or not.
CHINESE REPUBLICAN:
"REFORMS
THE ANTI-OPIUM CAMPAIGN.
(BY A CHINESE CONTRIBUTOR.),
Śwarow, Juno, 3013.
"
INTIMATIONS
FACE BROKE OUT
IN RED PIMPLES
And Blackheads. Tried All Sorts of Ointment and Soap, But Did No Good. Cuticura Soap and Cuti- cura Ointment Cured.
38, Jaspar Se.. The Cholula, Horainater? Bristol. Eng.--** I quffored from pimples and -blackhowds on my sues fbe quite a pose, My face broke out in red pimples and blacke Ioads. I tried all sorts of ointment and soaps but they did no
no good.
exf. Instead they merred to
to naka
thern
t thought I should never get rid of them, busn Blend- advisexi mo to uso Culicam Soap and Ofat- pient so I sout for a sample and after using them a few times to pimples bogan to die away. I bought como mero and wont op using tlion for two months and they com plotely cured mo; thẻ phiaples and black- bands wont nway," (Elguod) Mia Nellio L. Cook, July 24, 1917.
ECZEMA ALL OVER BODY.
34. Gray Bt. Toxteth Park, Liverpool!: - Eng--"" I had been suffering from esses fer about fourtem monday and I could not get relief until I tried Cutlers Boap and Olotment. All my body was like a mass of dry Borew and I could not keep myself frjm scratching especially my bands and face. I caly used two tabiota of Qutlearn Boop and one box of Cuscura Olotment and they completely carod
I me." (Signed) Mrs. Grier, son, Feb. 25, 1912.
Cutkuca Soap and Gutleuro Ointment are sold throughout the world. A sample of each with 3p. Ski Book from from nearest dapot: F, Newbery & Sons, 27, Charterhouse Sq., London; Leanon, Ltd., Cape Town: Pot- tor Drug & Chan. Corp., Boston, U. §. A
#fender-faced men should thavo with Culteurs Soap Shaving Stick. Bample froo.
96-12
A Chinaman, the moment he is placed in conumend of a country, acts as if he created everything pertaining to that country, be that thing human beings,
Tor, inanimate "ubjects;. dumb creatures and, without a second thought, assumeá absolutism based on his caprice. In a word, he seems to claim to be an earthly "Creator His rule is to make short work of every thing or matter wlyre kuinan lives, rights and liberties are affected, and his excuse for doing so is to lot it serve as a threat to others.
of God which look askonco at his haughty. He fails to catch a glimpse of the eyes
spirit and atheistic conduct. He is a perfect Nero in the true sense of the word, for those over whom he wields authority are in his eye but the sands of a bank or the weeds of as held. To enlightened people the word "Gord" is awe-inspiring, but to a ruling Chineman it is something akin to, or slightly better than, his cup of pure tea ever and anon sipped by bim. Can it be expected, since such is the case, that the Chinese, at such a vnat distance from light as they are, are capable of faking a républican nation on modern civilized lines? Indeed, there is not an occasion on which news reaching my cars that sense Chinese has been or is to be executed for an allege crime does not strike me with horror, from the fact that I know that Justice in China is nothing short of left-handed compliment. If one attaches come weight to spiritualism, ode will not be slow to realise that the spirits The charm ornament in Paris at the of the innocent,put to death in this land beginning of the year was the little white by the powers-that-be, are hovering, I elephant, either in rock crystal, white enamel, or ivory, jewelled or plain. may say, by millions for revenge. With Madame do Thebes, the lady oracle, theso words I now cone to the end of my having asserted that the colourless pachy- animadversion so far as the second point dorm sans doute, reminiscent of the referred to in my previous instalments is sacred elephant of the Gangos, brought good luck, the ponderous animal was concerned; and begin to expostulate, forthcoming in all kinds and size. hang on the slender neck chains, dependedpplementarily to what I have penned, from bracelets, formed vases or flower and against what evinces the oblique judgment of the leaders of China of the present fern holders for the dinner table, and in one word was la vogue Now Dameny -- Fashion veere round towards the kingdom of insects, se interestingly illustrated he The importation of Indian opium in bird, is the tiny and charming fetish of bulk into the Kwangtung Province, of the moment. I crinson enamel, the wings dotted with tiny black spots, it is which this Prefecturo forme à part, is OF FINEST QUALITY AND HIGH PRECISION. cases, rings, bracelets, and the hundred and the usual taxes thereon are collected found on gold nursery pins, cigarette permitted by the Chinese Government, and one dainty trifles every woman loves by it, but the moment one is eaught Massenet's beroens ta a masical mind word a Bt accompaniment to this bolling, keeping, selling or smoking any pretty, seasonable gift Les coccinelles part of such importation, one's liberty sont couchers."---Lady's Pidurial,
and natural condition of body or life. YASHIONABLY BLACK.
itself are outraged. While the Kwang- tung Government, with
THE FASHION WRITERS.
LADY BIRD CHARM.
place under his supervision. A good deal of money passed over these gamos. especially with Captain Jenkins. In & Colony or Dependency. Therefore the
addition to the amusements there was prosecution had to prove that they wore constituent part of the United States. In
a roulette wheel kept by a Chinaman who leased the house from complainant, who order to deal with this matter, he sub-fasts a Filipino citizen, assuming it was had no interest in the roulette wheel. He mitted it was necessary to go back prior a State or territory. Ho was merely a did not know the purpose for which the to the year 1888, when the Philippines citizen of the Philippine Islands, nothing house was wanted when he leased it. He were under military occupation from and thus he did not come under never took Captain Jenkins to the roulette Spain. Then the United States consisted the 14th Amendment to the Constitution, house: he runs have taken Mr. Fraser of certain States in the Union and terri which, in the judgment in the Slaughter there. He did not know that the roulette torics which were actually within the house case (Wallace), settled the question. wheel was taken to Shanghai by a woman United States, or or the North American Anyone within the limits and under the named Trixie, and he did not know that Continent, and one district, Columbia,
jurisdiction of the United States, under when the wheel was taken to piccos in. B. Fabre, and the succinelle, or lady- His Worship-Is there any evidence to the 11th Amendment, must be a citizen. Shanghai it was found to be faked. Cap- that effect?
Referring to the Act of Congress provid-tain Jenkins played with plaintiff's son- Mr. Brutton-No, it is history. I can satisfy your Worship an authorities, ifing for the government of Hawaii, Mr.in-law at billiards for as much as 8100 Brutton said that everyone who was at a time. They seemed to be equally living in Hawaii on the date of the matched and seemed to win alternately.
Could you say whether Captain Jenkins annexation were citizens whether they
was sober when he played billiards I wanted to be or not,
am not in a position to say when a 10an is drunk.
you wish.
His Worship-Can you tell me where this history is to be found?·1
Mr. Brutton-In Bryce's American Commonwealth, 1910, Vol. 1. One of the territories, said Mr. Brutton, which was valled an unorganised territory, was Alaska. With regard to the other terri tories, excluding Alaska, there Was EL promise that at some future time they would be admitted into the Union. That
promise had been carried out in all the States on the North American Continent excopt Alaska. To show that that promise was made he would refer his Worship to various Treaties. Article 3 in the Treaty by which Louisiana was made a territory of the United States had been construed to mean that the territory immediately on the signing of this Treaty was incor- porated into the United States, and that Louisiana should be adlaritted into the Union as soon as possible on an equal footing-with the other States. He also referred his Worship to the ruling in the case of New Orleans v. D. E. Armas, and to the Treaty of Friendship, 1819, Article 6, which, he said, had been stated, to mean that on the nigning of the Treaty the inhabitants of Florida were admitted to the enjoyment of the privileges, rights, and immunities of the citizens of tho United States.
?
The bearing was further adjourned to next Monday,
HONGKONG SANITARY BOARD.
To-day being a general holiday the usual meeting of the Sanitary Board will be held to-morrow:-
The Chinese pro-
AMORPHOUS LEGISLATION.
ап eye Lo
principle that while it cannot back out
But
So many people are in mourning or in Complainant, then detailed the circum-the "demideail" variety, that black stances in which the money was lent As are shown in the smartest observing the conditions of the Opiuro Naturally, charmeuse is employed in some party was present in the roulette house, portion of the toilette, and generally as Treaty, favours the entry of Indian and Captain Jenkins asked the proprietorn foil to transparent fabrics, such as opium into that Province, it rigidly marquisette and ninon. The finest of cut
enforces the opium anppression measures, for some more chips.
jet looks well on the transparency, a and
tas neutralising the Opium Treaty. prietor asked complainant if the Captain there are generally some touches
This Government seers to act on the was all right, and complainant answered broidery either in applique braiding or will ask:--
Mr. F. B. L. Bowley, pursuant to notice, in the affirmative, shortly afterwards the raised silken serels and flowers: but bebi ribbon work is a new factor in "i. With reference to the letter from leaving the house. Next morning the embroidery for gowns,, and it certainty the Honourable Colonial Secretary to the Chinaman cane to him and asked for has a handsome appearane especially Secretary of Sanitary Board of the 30th complainant's assistance to collect the when intermixed with jet. In a toilette of Black and white the underdress is now May (5 in 90/19) was the Governor-in-
Complainant wrote a of white satin, with long draperies of Council aware of the unanimous refusal LOU. for 81,000. of the Board to grant the application of chit to the Captain and instructed the black lace, and some smaller tunic or the owner of Inland Lot 1865 under Chinaman to proceed on board the cussock arrangement of ninon edged with Section 162 of the Public Health and
jot. These skirts of several tiers are very Derwent. He returned with a note writ trying to the short or the full figuro Building Ordinance, 1903 to 1911F
If yes, will the Head of the Sanitary ten by Captain Jenkins asking comed Department ask the Clerk of Councils plainant to pay the money. Complainant under what authority and on what grounds the Governor-in-Council, ignoring the nnanimons decision of the Board, and with out further reference to the Board, pur ported to grant a permission under section 162, which appears in the absence of the concurrence of the Board to be illegal and roid?"
THE MAGISTRACY.
A fine of $25 was imposed on a Chinese who was found in possession of 98 rounds
gave back to the Chinaman the LOU. Later in the day. Captain Jenkins came ashore and asked complainant to lend him $1,000. He went upstairs, took the money from the safe and gave it to Captain
Jenkins.
Mr. Master said that as his friend pleaded the Gaming Acts it was for his He would let friend to prove his case. his friend call his evidence, and then later
ho would re-call his client.
LINGERIE GOWNS,
*** ABSINTHE GREEK,
..
of that Treaty, it can deal just as it pleases with its people, which are cut of the track of foreign interference. that Government fails to see that such conduct is equivalent to that of a man creating a nuisance to his neighbours by keeping up music playing in bis house to a late hour in the night, and who tells his neighbours in answer to their con- plaints:"I do not play the music in your houses, but I do so in my own house
In the case
The lingerie gowns this season are very attractive with their insertions of the finest embroidery and Lluny lace, and one exquisitely-tucked skirt has the edge cut in deep scallops finished with a double and I have every right to do what I row of Cluny lace, French crepon is used please on my own premises." for many of the new models, and these where the Opium Treaty is concerned, the are elaborated with broderie anglaise and Cluny lace and completed with a waist- Kwangtung Government, by enforcing the band of black ribbon velvet drawn through opium suppression measures, indirectly pearl buckles' on either side. One of the mast expensive lingerie gowns is in fine fringes that Treaty. Now, the point is
Mr. Brutton also called the attention of ammunition on the Shun Lee.
French voile with tacked kimono bodice as to whether an indirect infringement of elaborated with wide insertions of filet a Treaty is, in common equity, a direct lace down the front of the skirt. This has of the Magistrate to the Treaty of 19481
PRIVATE RICSHA COOLIE IN TROUBLE.
Mr. Mason said the story told by plain a series of minute tucks at the waist and infraction of that Treaty. As the indirect, oding California-Articles 8 and 9. Before Mr. F. A. Hazeland yesterday, Immediately. on the signing of this a rican coolie, employed by Miss Ada tiff differed very considerably from that a ceinture of shot green-and-white taffetas, infringement mars the object or soul of French crepon and naturally looked upon by moral justice Tecats, California became incorporated at, ofs charged with refusing to per Captain Jenkins going up to the roulette striped linens, and soft corded pilar as a direct infraction; for if the opposit Pitt, of St. Stephen's House, Bowen which the defendant would tell. Far from Soft cotton corduroys, striped silk the Treaty, such indirect infringement is
apuneftas, white into the United States, but it shall not form his duties, and was fined $7. or 14 house by himself, ho was taken there by name the popular fabrics of which cur be admitted to the Union until such time days' hard labour in default.
the plaintiff, who himself operated the sports and boating frocks are being made is maintained, it tends to encourage in styles as simple as possible, buttons as Congress see fit." He referred his
FOR MANUFACTURING CLETRIDOKS. wheel when Captain Jenkins lost this sum playing an important part in the detra-oral scheming on the part of either contracting party, when it is advantageous Worship to the Treaty with New Mexico Sorgt Cockle charged two Chinese with
He would call another man tion of many-Sphere.
to himself, to broak his compact, which being in unlawful possession of a live of $1,000. in 1863, Article 5, which provided that shell, springs, tools, and other articles to state that he had lost money there A colour that has sprung into favour is against the general principles of the provisions of the Articles 8 and 9 of supposed to be intended for the manufac himself while Mr. Hyde operated the for evening wear is absinthe green. te justice. Does justice or common sense the 1848 Treaty should apply to the territure of cartridges. They were discharged
ninon it lights up wonderfully well, more particularly when mounted over white, favour scheming which is as immoral as tory orded by the Mexican Republic.
stated that ho frequently played billiards and arrests the eye at once as both pleas it is selfish? Certainly not. Similarly Article 8 provided for citizenship, and
ing and original." A beautiful gown, A clerk named Fung Chi Wan, of No. Article for incorporation and admis- 18, Queen Victoria Street, was charged at the Swatey Hotel, and on the day in alinest severe in its great simplicity, was although a man in his house can do what Article 3 of the Treaty of 1867, before Mr. Melbourne with being in unlaw question he lost $300 or 8400 at billiards of pure white charmeuse, the skirt slashed he pleases, yet as such doing unfavourably
a petticoat, of this eeding Alaska, referred to citizenship ful possession of 1,000 ounces of cocaine, playing with complainant's son-in-law, up one side over
absinthe green ninon, veiling scft white affects others, but is advantageous to Mr. R. O. Hutchison (Superintendent of also. It provided that the inhabitants of Imports and Exports) prosecuted, and Complainant remarked that they had a
Undor The morally indefensible. absinthe green ninon, over hile.. the ceded territory, according to their Mr. FC Jenkin (instructed by Mr. roulette wheel in the port, and defendant., the corsage the merest film of himself, that doing is selfish and is choice, might return to Russia within D'Almada) defended. Mr. Jenkin asked expressing a desire to see it, was taken note of simplicity is, indeed, most marked circumstances, while the Chinese Govern
appreciable number of for an adjournment. The maximum
evening toilettes. Another scheme of the rat infringes the Opium Treaty, it rides three years, or, if they preferred to penalty for this offence was $2,000, but there by complainant and his son-in-law. in quite an remain in the said territory, they would defendant voluntarily pat up 35,000. Hoe affirmed that complainant turned the kind that occurs to me was arranged in rough-hod and in cold blood over the a pale paille shade of satin, the absolutely helpless citizens. This spells boiling applied for the reduction of the bail to roulette whel and that complainant told be admitted to the enjoyment of all the the amount of the maximum penalty.him he had lost 31,000. When the China-plain skirt with its short pointed train treachers and cruelty on its part. Buch rights, advantages, and immunities of the Mr. Hutchison observed there would be man came or board his ship next day with being slit up a little to one side of the shapeless legislation and other tyrannical
Over front and the edges rounded off. citizens of the Uited States. Therefore, other charges added, and he had conferred
China is still deplorably mistaking dark- mess for light in all her boasted again, on the signing of this Treaty, all with the Crown Solicitor, who suggested the 1.0.U., he wrote a chit asking com- this fell a tunic of the same satin, just acts of Young China convince one that
line, and, falling much deeper one side
"reforms. And yet she glories in being the people who clected to remain became that a date should be fixed for the hear plainant to pay. He never went ashore slightly eased at the slightly high waist-
ing of the application for reduction of
His Worship. The only question again and seror received the loan stated than the other, but otherwise without any
a Republic and mauves Heaten and Earth citizens of the United States of America. bail.
from complainant.
vagaries, the hem ens face. Above for recognition of her as such ! My good His Worship would see from each of the is whether the defendant will appear.-
Cross-examined He was a moderato depth with gold Mr. Jenkin said there was no doubt of five Treaties that in each case they became that. Defendant had put up $5,000 bail gambler. Though he was 50 years of age, the waist the satin formed a cross-over readers, picture to yourselves the glaring citizens of the United States, and on the voluntarily and, although it was rather he had never seci à roulette wheel before thecolletage, merely upheld by shoulder inconsistency of her conduct towards signing of the Treaties, excluding Alaska, foolhardy, it showed his bond fides.-The
waistbelt were two lovely deep damask recognition! case was remanded for a week, bail being that day. He never won anything in the straps of strass, while thrust through the God's children with her claim to such the territories beded became incorporated fixed at $8,000.
Swatow Hotel: he always lost. On that roses.--Quéén.
sion.
with a caution,
BIG SEIZURE OF COCAINE.
wheel.
Defendant then entered the box.
He
(Continued on page 6.)
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