SUPREME COURT.
Wednesday, December 3rd.
IN ORIGINAL JURISDICTION. BEFORE HIS HONOUR THE CHIEF JUSTICE (SIR WM. BEES DAVIES, K.C.).
£500 CLAIM FOR FALSE IMPRISONMENT. Vicente Sotto, journalist . Thomas Carey Welch, of the Hongkong Hotel, Assistant Executive Secretary of the Philippine Islands, and John B. Bawyer, Vice-Consul of the United States of America in Hongkong, The claim was
for $1,911.03, being the equivalent of $100 (at the time of filing the claim), in which the defendants are indebted to the plaintiff under the provisions of the
THE HONGKONG DAILY PRESS, THURSDAY, DECEMBER 4TH, 1913,
governed by the Extradition Act of 1870, of the Chief Justice - His Honone had and under that Act the right of the the jurisdiction under the Summary accused person to hare Habeas Corpus, | Ordinance because the case had been if the circumstances justified, was transferred. He also remarked that he expressly recognised; it was not merely did not know whether it was incumbent confirmed but recognised by the Act. If upon him to commence the ease, because any confirmation was thought to be it bad been admitted that the goods had necessary they could be taken to the been supplied and also that they had been delivered to the defendant, who had Repeal Statues, prior to 1670. Two
received them and signed for them. The agent and therefore was not liable. He only defence was that defendant was an contended that there was no such agency, and that defendant had never been regarded as an agent.
HOTEL PROPRIETOR AND HIS
SERVANTS.
At the Magistracy yesterday, before Mr. F. A. Hazeland, Mr. F. Reichmann, proprietor of the Grand Hotel, sum moned his No. 1 boy, No. 3 boy, and cock for leaving his service without notice The defendants brought a crass-summons against Mr. Reichmann, claiming two months' wages each.
& Grist) appeared for the complainant, and Mr. C. A. S. Russ (of Messrs. Gold-
Mr. P. S. Dixon (of Mesara, Wilkinson.
SHIPPING NOTES.
The big steamer Winnesofa, belonging to the Great Northern S.8. Co., went ashore at Moji on Sunday night, the 3rd ult, and hid not yet been refloated on the 25th, which is the latest dato of our advices. Her position was hot serious, however.
The annual Repore of Lloyds Register)
the amount of tonnage classed by the of Shipping for 1012-1913 shows that the
Society in respect of vessels intended for year witnessed a remarkable increase in
ring & Russ) was for the defendante.
Mr. Dixon explained that the com-months ended June 4th, 1913, no fewer carrying oil in bulk. During the 12 plainant issued a summons against the than 45 such vessels, of 202,003 tons, notice, and they immediately retorted by demand for vessels of this description still three defendants for leaving without received the Suciety's classification. The
time 83 of these vessels, of 351,410 tons, preparing and in care of construction under the supervision of the Society's surveyors,
treaties were then made, with the United States and France under which they were to give up criminals committed for extradition. The Act was introduced to correct a number of abuses which related to the procedure, and the operation of Honour suggested that signing the ancient writ of Habeas Corpus, long was equally compatible with agency. before the Act of Charles II The Haheus Mr. Gardiner-He does not sign for Corpus now gave a new and more easy his brother, he signed the receipt for the remedy to the subject. The Act was one goods in his own name. Therefore, I sub. writs of Hubeas Corpus, and the liberty establish his agency if he can do so. My uning a month's wages due to them at of the subject was secured in divers ways. case is that the goods were ordered by the time they left, and a month's wages
His Lordship inquired of Mr. Blade ifint, supplied to him, and signed for 1 in lieu of notice.
him.
A Steavenson held that it was for the
·In and
to his Worship. Mr. Dixon been delivered to Mr. Chue and the cir- whether the defendants were dismissed or cumstances,
under which he signed the left of their own accord, receipts,
His Honour-I know your position. 1 Mr. Stevenson went on to explain that have read these letters.
Habeas Corpus Act, 31 Charles 11, Cap of general application, it dealt with the mit that you will press for him to suing a cross-summons against him, continues, and there are at the present
8, by reason of their having procured or. caused the imprisonment of the plaintiff a charge of abduction, within the territory of the Philippines Islands, well
on
knowing that the plaintiff had been dig. the £500 included damages er was it only intiffs to prove that the goods had said the question to be decided was
charged from custody under a writ of Habeas Corpur, sued out by him when in custody on the same charge,
the penalty
Mr, Sinde-Personally I thought it included damages, but Mr. Gompertz had held that it was a penalty. At any rate, damage to that extent had been sufered
His many friends in London and else where (says Fairplay) will learn with has died suddenly from heart failure at regret that Captain John Smith Hogg
Mr. M. W. Sinde, h.C.. instructed by Mr. W. B. Hind and Mr. Norrington and the intention is that the money shall the action related to two shipments of no set a special watchman on his premis the age of 66. He was a shipmaster of the
be recovered as by way of solatium to the person imprisoned
gods which were sent to Australia and Jefendant knowledge of the plaintiffs.
was really acting with ins His Honour According to these let ters defendant wants to show that he was a sort of go-between for his brother,
Mr. Stevenson-We were to receive them to Australia. certain goods, inspect them, and forward He mentioned that the claim arose over two shipments, and it shiptient, when terms were arranged and
(from the office of Mr. G. K. Hall Brut ton), represented the plaintiff; the first defendant was defended by Mr. Eldon Potter and Mr. F. C. Jenkin, instructed by Mr. Reader Harris (of Messrs. Wilkin son & Grigt), and the second defendant was represented by Mr. E. H. Sharp, K.C., who was instructed by Mr. G of the Act had been previously dis would be recessary to go into the first went out on to the verandah to see it formed by his old friend, Mr. Gullend, " Hastings (of Messrs. Hastings & Hast ings).
the Act does apply?
His Lordship-Suppose I decide that
£500.-
Mr. Slade said he would then get case in which the scope and limitation He referred his lordship to a
cussed in the Colony and proceeded
claim immunity from the law in to argue that defendants could not relation to the duplicating of proceedings; their privilege in this direction was no more than any other resident in the Colony. If the Crown or the police failed to prove a crime and the person charged
They merely
The complainant said that owing to suspicions that thieving was going un, on the evening of the 7th November, nad also watched personally. He instructed the watchman to see that no servants left the building. He went up to the billiard room and observed the second defendant come out from the kitchen with the back dining room keys in his hand. The boy the watchman was looking at him. The he asked the boy what he was doing with keys should have been in the office, and
them. His was flabbergasted at first, and he said he had just locked up the dining room doors. deors were locked an hour previously. As a matter of fact, these
Witness then went into the kitchen, as
old school and was an authority on every. thing connected with a steamer. He was in command of the Glenngle in the East when she was fitted up as an auxiliary cruiser When he left the Glen Line he joined the China Mutual Steam Naviga tion Company, which had just been
and commanded their fast steamer the Glenagle, Mayure, which was built to run against
agent for the China Matial Company at He afterwards acted as
Shanghai for two or three years, and was
the Company in London. subsequently appointed superintendent of
Mr. Slade, in opening, remarked that the facts in the case were undisputed, and all that is Lordship would have to decide upon was the question of law arising out of the pleadings in the case, and it would he more convenient if those were taken one by one. The facts were admitted and was discharged, they could not bring fresh letters. There were some letters which he did not desire to wait any longer, and The
proceedings and fresh evidence.
Coast Officers' Guild wrote
to do with shipments.
an arrangement entered into.
Mr. Gardiner said that he had nothing entered into an agreement to supply de fendant with goods, and did not know though he had intimated that they were what he was going to do with them, being sent to Australia. He also told plaintiffs that he had opened a shop in Australia, and that was borne out by his were very significant, and one showed called for the first defendant, who usually to the Secretary for Foreign Affairs on There were inconsistencies, and one was the evening This was at 10.30. defendant's obviously concocted by defendant with the
preparation of the case left the premises about 0.50 or 10 o'clock September 20th expressing its indignation as the treatment accorded to a member by object of assisting his case in accord Witness asked him if he had stolen the Hongkong harbour authorities in the ance with what defendant represented mutton, snipe, chicken, etc. The boy Ta On piracy case, and its carnest desire three lots of goods which he said were
the prima facie conditions were also admitted. To deal with the case it was
Mr. Slade concluded by remarking that necessary to refer his Lordship to the the case had failed at the first bearing; Hinbeas Corpus Act, Car. II., 1679, for it was upon section 6 under that statute that it was held to be improper. Therefore he he relied. Mr. Slade quoted the section/contended that the defendants were clearly himself to be, plaintiffs supplied him with admitted stealing a snipe, and some ice, that the Imperial Government
in the wrong
which held that if a person or persons are recommitted or knowingly imprisoned Me Sharp, in opening the defence, said or are caused to be imprisoned for the that Mr. Slade had taken the course that same offence the defendant (he or they) they were arranging the arguments for shall forfeit to the prisoner the sum of the defence under three heads. What they £500. His case was that the plaintiff had had to make out was that the section been imprisoned for an offence, and under which the plaintiff proceeded did not apply. His first main heading, was released under Habeas Corpus, then, at
that these provisions, even assuming the the instruction of the two defendants,
Act to be in force in Hongkong, did nob, had been imprisoned a second time for
for many reasons, apply to the circum the same offence.
Therefore he came stances of the present case. Assuming the wring facie, directly within the words section to apply to extradition, then they of that section. Plaintiff was set at large said liat for many reusons again, the by Habeas Corpus and thus defendants sect ons provisions did not apply the by securing his imprisonment again for circumstances of that case. the saine offence were liable to forfeit to that the section did not apply to extradi- They said
hin the sum of £500.
tion, and that the Act was not in force in Hongkong. He could practically deal with the arguments under the first head- ing; that the provision did not apply and that the Act was not in force. There were defects in the hearing of plaintiff's case before the Magistrates, but that could
Mr. Sharp interrupted with the remark that all Counsel for defence had to prove was that that particular provision did not apply, because it was not in force He would also say that the Act, which included that particular provision, was
to the particular provisions.
firm. He paid that off and then,
INTIMATIONS
ECZEMA IN ITS
VERY WORST FORM
One Mass of Horrible Running Sores.
Life a Perfect Misery, Used Cu ticura Remedies. Not a Sign of the Trouble Since, <
60, Ringner Ave., Munster Rd, Fullins, London, B. W, Eng. My doughter has been a great sufferer from ceroman, in. I
should think. Ite vory worst form over since who was about three years old, and she is now fourteen and a half years of ago. It first started as a small boll ou ber.arm which sprend and bocamo ono ranes of horriblo running aorés. She used to have it on her lunds, armas and foot and has often been laid up and shant from school for wooke at a time. quito helpless, with every inger on bolle. handa tled up. Jer fe at the times was a perfect misery, and the irritation of the affected parts was terrible. She could not got any sleep on account of it.
"I then saw the Cutfcura advertisement free sariplo and I sent for it. Woll,
of n
the sample tia of Cistern Ointment somed to do her good and to alay the ching.. so I got a large tin, also a cake of Cuti- car'a Soap and is bottle of Cuticura Pilis and her hands got better quicker than they bad ever done before, and she has not had the slightest sign of it sico." (Signed) Mened. Oakley, Mar, 22, 1912′′
Cuticura Soap and Cutleure Ointment aro sold throughout the workt, Asample of cach - with 32 p. 8in Book free from nearest de- pot: F. Newbery & Sons, 27, Uharterhouse Sq.. London: Potter Drug & Chem. Corp., Buston, U. SA.
43 Tender-faced men should shave with Cuticure Soop Shaving Stick.. Sample tree.
[96-19
MAPPIN&WEBB,
LIMITED.
NEW CONSIGNMENTS
PRINCE'S PLATE
(GUARANTEED FOR 30 YEARS).
going to Australia. The order was com He was reproached and witness told him make strong representations to the STERLING SILVER WARE pleted on 21st January, and it was that he would bring in the police on the Chinese Government for full compensa- remarkable thing that if defendant was agent for his brother that that very morrow to investigate the matter. On tion for the loss of the officer's property brother should be in Hongkong at the the next morning, when witness arrived and money. Further, the Guild requested time the goods were ordered, and when in the dining-room, he found that the that proper protection be provided in the first order was executed. There was three defendants were nothing to show that defendant was in
not on duty. these waters for British subjects so that any way connected in business with his Three days later they came back and said such an outrage would be prevented--in brother, Robert Chue: They had treated they wanted their wages. Witness asked future. In reply the Foreign Ofice first order was paid for. Defendant actual month's notice, and they said, "Haskee made and it was found that the pirney defendant all along as the principal. The them why they did not give him a reported that a careful inquiry had been ly raised the money from the
brother of the inanaging parties of the pleinuilt We want our wages. The second and was carried out by a gang who embarked went out at ruch, a rate that defendant third defendants came again about a week on the vessel and sinuggled arms on board
Roods eventually thought he would get out of later, on a Sunday, and repeated their in Hongkong territory, and that conse the liability by adopting the attitude that requests. Witness afterwards received a quently no grounds were apparent upon was only an agent and that therefore summons from the Supreme Court for which a claim for damages could be made he was not liable.
Evidence was called and the hearing wages. He did not give these ruen notice, against the Chinese Government, The was adjourned until the 9th inst.
nor did he give them leave to go. Compodore at Hongkong reported that In answer to Mr. Russ, the rom the patrol was ineffective against internal plainant stated that he did not intend attacks by pirates who embarked as
passengers. Effective measures being taken by the Governor of Hong- ong which should greatly diminish the
he
MALAYAN TIN DREDGING.
SOUND FINANCIAL POSITION BRIGHT
PROSPECTS.
te prosecute the defondants until be received a summons for wages. The first defendant had been with him for four
were
The second annual general meeting of the shareholders in the above-named years, and was a good boy as regards duge of similar cases of piracy occur.
The second boy had been Chartered Accountants' Institute. Moor-
the notion of the Hongkong authorities
Affairs is not concerned. with which the Secretary for Foreign
not in force. They were only pleading be no bar to any subsequent proceedings, company was held last month at the service
Mr. Blade contended that Acts of and they must admit that the Full Court Birch, K.C.M.G., the chairman of the years. He did become very suspicious wards a member of the Guild is a matter At the first proceedings a Full Court held; gate-place, London, Sir. Ernest Woodford employed at the hotel off and on for seven ring in future. The letter concludes that Parliament passed prior to 1842 were in took the correct view, that the Magistrate company, force in that Colony, by virtue of section
company, presiding about stealing at the hotel, but as a in his address said matter of fact he did not find anyone 64, Ordinance 3 of 1873 There was one had improperly let in evidence-impro- that on March 4th last the capital execption in this Ordinance except operly in the sense that it was not properly of the company was increased from stealing. He denied that because of this far as such laws are inappliestle to the authenticated. Mr. Sharp referred to of 25,000 new shares of £1 each. Of the complaints against either the second or £100,000 to £125,000 by the creation failure he became angry. He had no circumstances of the Colony or the querous authorities to support his con- new capital 10,000 shares were issued at third as regards erdaling. He thought inhabitants, and except in so far as they tention that that could be no bar to any the profit thus obtained of £27,500 they they were watching the watchman whom are modified by the local legislature subsequent proceedings. Such proceed had written off all the exponses in couner witness had put to detect the thieves. "I am not aware," added Mr. Sinde," of plaintiff had not been fried. He also
was adjourned until this any laws passed by the local legislature held that section of the Habens Corpus anodifying the Habeas Corpus A.”
His Lordship-We can take it for Aet only applied to people on bail. The full effect of the judgment in the Fall
a premium of £2 158 per share. From
preliminary expenses, and also all the the case ings were not a trial and therefore tion with the new issue, the whole of the
the mists and in Lontion right up to the administration and general expemes at afternoon.“ date on which the No. 1 dredge com- mence working-namely, December 31st, carry to reserve account, a balance of £18,738 48, 3d. The proft and loss account, covers a period of six months working only with the first dredge. The
granted, I think, that there has been hurt, he added, was that the Magistrate 1912. After doing this they were able to THE PANAMA CANAL AND TRADE
nothing like that.
"Applying the particular provisions to the case, Mr. Slado contended that it was for the defendants to prove by evidence what particular peculiarity of that Colony or its inhabitants would render inapplicable a law designed for securing. the liberty of the subject. The onus was on the defence to prove that. The title
had really no jurisdiction."
The further hearing was adjourned until this morning.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR ME. H. H. J. GOMPERTZ (PUISNE JUDGE).
A DEAL IN SWATOW, WORK.
Deacon &
a
POSSIBILITES.
The British Trade Revier, in the course
tin ore won during that period reached of an article on the Panama Canal, a total of 112) tons, which realized £14,289, na cost, including all London charges, of £6,879, The net profit on the operations was £8,045 19s. 1d. half-year's opera
*** THE NEW. DRENGES.
The profit of £7,500 in six months
AN OWNER ON SHIPPING -DEVELOPMENTS.
RELATIONS OF CAPITAL' AND LABOUR.
Mr. T. L. Devitt, chairman of Lloyd's
OUTLERY.
From the
SOLE AGENTS;
CHS. J GAUPP & CO.,
ALEXANDRA
BUILDINGS.
CHATNE ROAD
CALDBECK,
Register and president of the Institute MACGREGOR&Co.
of Marine Engineers, gave an address to the members
the institute Stratford, E;
ناش
As a shipowner whose experience extended over half a century, he looked back with some regret at the disappear- anes of the spiling vessel, but he thought. it was beyond contradiction that the real seamen of to-day were t those who had qualified for their present positions, in steamships by a training in calling vessels. They were resourceful and competent in a way that those reared in steamers could never beconie. He bore
While the people of the United States are looking upon their new possession Two new dredges costing £35,000 f... from a defensive point of view, as well as testimony to the necessity for shipowners London would soon start work, and the commercial aspect, other nations are to take advantage of every development of the Act was:"An Act for securing the Yo Sing & Co., dealers in Switow allowing for that amount, freight, and chiefly concerned in the Canal as a rein machinery for propulsion of ships and liberty of the subject, ete" He was drawn work, Post Office Buildings, Ped the directors estimate to have in hand Spanish or Japanese aggression un the proved to the sound, so that we might be erection, and the supply of ample spares, volutioniser of trade. The prospect of of every invention of the engineers, when relying upon that, and thought it would der Street ». J. A. Chuc, & clerk in theon capital account when these dredges Pacific Coast is remote, and the American able to hold our own in the severe com- he very hard for the defence to establish employ of Messrs. Deacon, Looker, Deacon | start work a sum of about £0,000. This Navy, dominating the Canal and its petition for the world's traffic on the sea. that the liberty of the subject in Feng & Harston. The claim was for $1,165.3 June 2004 last, and to be earned before for some years to come; but the usefulness depended on the harmonious working of is exclusive of the profits earned since further territories, may have an engy time Engineers, he said, more than any others, kong, be they British or be they foreign, the price of goods sold and delivered by the new dredges commence work. The of the waterway is a present asset atlicir machines, each part depending on was not of so great importance as the the plaintiffs to the defendant, full second dredge is expected to be at work benefactor. That it will double American other parts, and he wished they would liberty of the subject within England particulars whereof have been delivered. about next March and the third dredge exports is quite likely but is navigation apply this principle to their relation one itself. Mr. Slade then dealt with what Mr. J. H. Gardiner was for plaintiff, two months later, and thereafter share by European and Colonial vessels will to another as employers and employed.
holders. would he understood would be the second ground and Mr. Steavenson (from the office of greater pro receive considerably also lead to great expansions of business. He was convinced that if this spirit, could
and British-made Messrs. Deacon, Lopker,
goods will find be encouraged, instead of setting class had of defence, that the provisions did not
been earned froin an area of less than customers in what were most distant against class, and making trouble instead Harston) defended.
quarters. The pessimistic cries that of harmonizing difficulties, they should apply to extradition proseedings.
At the outset his Honour said he took extends to a total area of 1.149 acres. In cheaper and that the American esttan
live acres of land, and the property now Japan will be able to get its cotton all prosper more than they did. None of His Lordship questioned jurisdiction in it for granted that the amount over and the last paragraph of his report the factories will crowd the Fur Eastern
them could do without the capitalist-ary this matter..
more than they could do without the aliove the $1,000 had been waived..
Mr. Vaughan, tells the markets with cheap fabrics do not count skilled workman. Working together with Mr. Gardiner, contended that his difficulties that have had to be contended for much. In fact, with regard to catton, he aid of capital, shipowners.
had Great Britain fact, cation, shi nisisters, salope generally could Honour had power to deal with the with successfully and in his concluding seeing that the Canal will innke accessible makes a success. Ife went whole matter in that Court for the fall sentence he tells what be thinks of the large tracts of land on the Pacific Coast some of the developments in steam The directors do not propose to admirably adapted to the cultivation of pavigat on since 1551, the rear in which amount as it had been transferred by stop at three dredges, but in due course the best staple material on which Lan- he began busine as a lad in his father's to continue the progressive policy that is cashire depends fur is choicest manu office, and said the impression left upon His Honour doubted this, whereupon, warranted by the excellence and size of factures. Then to the shipowner (though him from the early recollections was the
the ing the right of the requisitioning Mr. Cardiner said that they could holders per tyo alid this secure to share it will be said he does not deserve it) the spirit of enterprise that there existed holders as speedily as possible the large Canal comes as a godsind, for it will among shipbuilders and engineers, the Government for the rendition of the transfer for any amount and his Honcur profits that undoubtedly await them. mean a saving in tire, in searaen's pay, passion for experiment, the desire to had power to give judgment for the The board had resolved to pay an interim in expense of voyaging, and it will tread unknown paths, to undertake alleged criminal. Extradition proceed-
amount which was supported by an order cent frece of income tax, which will be be fewer storm-lashed derelicts in the out of all proportion to the means avail- dividend for the current year of 5 per minimise the perils of wreck. There will projects the magnitude of which seemcel ings at home and in this Colony were of mutual consent and also by an order payable on the 28th November
surging waters of Cape Hara,
able for their execution.
Slade submitted that the Supreme Court in Hongkong had the same jurisdic tion as the Supreme Court in London. From the very earliest times extradition. proceedings in the Courts had been known jo England, and the writ of Habeas Corpus was the proper writ for question-
order of the Court."
manager,
mine.
"on
to
trace
(ESTABLISHED 1864).
THE OLDEST FIRM OF WINE AND
SPIRIT MERCHANTS IN THE
EAST.
CHAMPAGNES.
SHERRIES,
MADEIRAS,
MARSALAS.
PORTS,
CLARETS,
BURGUNDIES,
HOCKS.
MOSELLES.
WHITE WINES,
&c.