Page
THE HONGKONG DAILY PRESS. FRIDAY, SEPTEMBER 101, 1915.
BUROPEAN CONSTABLE AND ATTEMPTED ESCAPE FROM
MONEYLENDER.
VERDICT FOR THE DEFENDANT.
The Chief Justice gave a verdict for thi defendant yesterday in the case in which Surain Bingh, an Indian moneylender, saed Ernest Carpenter, ta ennstabla in the Hongkong Police Fazer, to recover $174. being as to $150 principal and the halaan
VICTORIA GOAL, AP
PRISONER'S INGENIOUS
... METHODS.
JURY AND INSUFFICIENT PATROL
SYSTEM...
An inquest was the sequel to an ingeni- on altempt at escape from Victoria Ga early on Thursday morning by a Chinese
not take very long because I understand HONGKONG SHARE MARKET. it was a rotion door at least it was decayed in parts.
You saw the rope produced, was that The maite rom the prison wait-Yos.
grass-mad, in the cell was found damage and I think that the quantity removed from the and would be sufficient to make the rope." -
How long do you think it would take him to make that rope --That depends on:
Messrs. Vernon & Smyth, in their weekly share report dated the 9th September, state:-
The local market has ruled fairly netize during the past week, and a fair volume
of busines. im investment securities has been transacted at about last week's rates. In the speculative scation a good demand is in evidence for tho principal stocks af closing quotations. Shells and Ural Cas-
INTIMATIONS
LANE
CRAWFORD & Co.
JUST UNPACKED :
interest at the rate of 2 per cent, who was sentenced a few months ago to the man. I think I would make the repe pians have been bought from London, the FOLDING FURNITURE.
month.
seven years' hard labour for robbery. The
The judgment WİRSİ
as follow:--I am deceased was incarcerated in a top storay satisfied of the following facts: That the call of the gaol, and worked so silently loan in respect of which the promissory at his efforts to regain his liberty note was given was negotiated at the that he escaped the vigilance of the patrol Indian Sergeants quarters and not sufficiently to get-it-of-his-cell-walka alleged by tho-plaintiff, at 8, Meliregor along two corridors, force himself through Street, his registered address. Further, an iron-barred window and then lower that the foam was carried out by Indian himself down on the other side. It was Police Sergeant 46, acting as the agent of while swarming down the rope that the - the plaintiff, although such agency was no prisoner met his death. The rope broke, disclosed to the defendant; and I see no and by fell into a stone-paved yard over reason for disbelieving the defendant's thirty feet below and sustained such severe statoment that when he signed the promus-injuries to the head and body that death, sory note he believed; at that time, that according to the medical evidence, inust the loan was letreir himself -and-the-have been instantaneous:--
Indian Police Sergeant; although this fact is not material to the legal issues raised,
produced in a couple of hours, if he was an experienced man,
Did you also examine the corridor window Yer,
And how long do you think it would take man to loosen the bare? About half a minute, with an instruments,
How far would he have to travel from his call to reach this window-Along his own corrider, down a flight of steps, and then along another corridor; practically the whole length of two wards."
And the only officer who could possibly have discovered him at that time was the Indian assistast warder I would not say
He had several words to do, and might have been in B ward when the man escaped Ya
he war the mily mother who would have It was a most skillful attempt at escape.discovered him; he was the only officer on The man, it appeared from the evidence, this particular patrol, had weaved his rope from the grass mat in his cell, he improvised a knife of sorts from the iron koop of a spittoon, ent out sufficient wood from the door to allow of the passage of his body, erept albig two corridors, lowered two iron bars of a corridor window, fasteurd the rope to another bar, and then commenced to lower himself with the fatal consequences recorded, and all this was done without the Indian patrol realising that anything unusual was hulppening.
I can have no doubt, from the other evi denco caled by the defendant, that other loans were effected with European poti constables directly on the initiative of Indian Police Sorgeant 48, and in one caso, possibly, no his express invitation; that on each occasion he was acting on be half of the plaintiff, possibly in conjuno tion with another Indian' police constable the notes being made payable to the plain tiff; and that the loans were not negotiated at the plaintiff's registered address ani
The fact that the deceased was able to were carried out at places other than the do this led to some pointed questions being plaintiff's registered address and in ons put by Mr. Wood, the Coroner, and als instance by the plaintiff himself in a pubby, the jury, which
was composed of Messrs. J. F. Miller, C. M. W. Reynolds and A. F. Osborne,
lic street,
These facts clearly establish a violation | of Sec. 3 is. of the Money Lenders' Ordi- rance 1911, which requires a moneylender to carry on business at his registered address, and no other. The langungs of Lord Loreburn, LC., in Kirkwood v. Godd,
· 1910, ́A.C.,' at page 424, is directly point: If the moneylender employs agent to frequent markets, or call upon individuals, in order to procura borrowers, and thereupon, a moneylending transac
ainglo, transaction," tion, evon Д
tha borrower' being through without brought into communication with the fe gistered address till after the transaction is completed, it might amount to carrying of business obsewhere, than at a registeral address." And, again, "The mischief is that this dangerous business may be con ducted by persons under falet names or a variety of names without the security of an ascertained address, or ut places where men were taken unawares or off their guard." This being the case, the trans nction is illegal and the plaintiff cannot maintain his action on the note.
Chief Warder Pierse said that the cell door was two inches thick, and the deceased had cut sufficient of this away to allow him to get through. Two of the bars in the curridor window, which was two wards away from deceased's cell, had been loosened and there was also glass about. A piece of grass rope was attached to another window ber. The length of the rope, he added, was not sufficient t reach to the ground,
The Coroner Have you found any instrument with which the cell door court have been curt Witness produced a piece of metal, about three inches long and sharpened at one end, which, he said, had
been found in the vicinity.
There was a warder in charge of the cell Yes
Witness added
And the cell should have been visited every few minutes by the patrol'?—Yes sir, by the assistant warder. that a certain noise was heard about 2.30, and at about 5 a.m, he was called by the I may observe that this case-ia, 1-think, Chief Wardress and saw the body of the more conclusive than the case of the Staf-deceased lying in a yard near the female fordshire Financial Co. v. Hunt, 1907 W.M. 258, which was cited on defendant's behalf. In that case, at the time of the negotiation of the loan the identity and the address of the lender worn disclosed, which, if I accept the defondant's evi- dence, as I have done, was not so in this
I give judgment for the defendant. Mr. Shenton, who appeared for defen
ant, asked for posts,
quarter.
|
former at about last quotation, and the latter at an advance of about 2/- on the
se of abou week, the market for this stock closing fira
Plantation Rubber is quoted at 2/46. Standard Tin at £182 cash, and £154 for months delivery, and Bár Silver 288d. Sterling T.T. closes at. 1/01, Singa. pore T.T. ne 78/1, Shanghai T.T. at 79 and the Bank's buying rate for 3 d/s bills on the latter port at 794.
BANKS.-Hongkong and Shanghais have been booked at 8820 and 8826, and are The still obtuinable at the latter rate, Loudon qaptation is now £72.
MARINE INSURANCES-Cantous have been
EACH
CAMP BEDS
$8.50
EACH.
MOSQUITO CURTAIN AND FRAME
COMPLETE
$15,50
COMPLETE.
FOLDING CAMP TABLES
BAOH
$8.50
C
BACH.
done at $195 and 8420, and Unions 8002 FOLDING PORCH CHAIRS both closing steady, but with probable sellers at quotations. North Chinss close in request in the North at Ts, 165, ani Yangtzes galet but steady at $243 with
ex, 73.
SKIPPING. China and Manilas continue in request at 40 cents. Douglases, after further rapid advance to $84 for cash an settlement delivery, receded to a buying
Between 1.30 in, and the time the body Fine INSURANCES-Chinas have again was found at about 1.30 I have no evidence ben booked at $162 nid $163, and close in to show when he left his cell -There is further request at the former rate. Hong- no evidence at all to show that. A female | kongs have advanced to 8420 buyers, but prisoner heard a fall or something about there is again no business to report. 2,30a.m. which aroused her curiosity She told the wardress who in turn toli the principal wardress when she came a duty about 5.30, and the Intter went out and found the body and reported it to that 884. Indos, after weakening to gjat for the combined, have strengthened, and Chief Wardev...
are now enquired for at $140. For the Preferred separately $57 is now offerel, and for the Deferred $92, Steambons arẻ. after sales, Wanted at $101, and Star Ferries at $30
A jaryman then asked Mr. Franks if the doors of enlis, generally, especially the cell door of a man serving a seven years'
WITH ARMS, DUCK SEATS AND BACKS,
EACH
$7.50
RACH.
HAMMOCKS WITH VALANCE
EACH
rate of 890, but are again firmier with FOLDING buyers for cash at $61 and for December
sentence, were decayed to such an extent
Ons-Shell Transports have bien boot- that he could cut himself out in thised at 91/- and Ural Caspians at 3/0 au
40 Langkats have probable buyers in manner?
the North at Tis, 37, the quotation hein, more or less nominal locally.
Mr. Franks replied that it was not possible to know that the cell door was decayed until it had been cal into in this way. They had no menas of knowing,
The Corner asked how the deceased came to be in possession of the iron kaile like weapon produced?
Mr. Franks said that the hoop of the spittoon which was in the call had been torn off and decrased had used this on make a knife.
The jury returned a verdion to the effect that death was due to a fracture of the skull, caused by a fall, and added a rider to the effect that they considered the system of patrols, as revealed in the pri sent instance, was obviously insufficient,
COMMERCIAL NEWS,
COTTON AND COTTON YARN.
Masers. Polishwalla & Kotewall, coltan and cotton yarn brokers, Hongkong, in Did you hear a noise during the night ?—their fortnightly circular ady:- Yes, Sir, about 2.35.
What kind of noise Like a bucket falling on the floor.
Where In builting A3.
J
REFINERIES-China Sugars have ruled steady at $120/$127 cash and $130 for October delivery, and there is a tendency to improve. Luzons are in request ar 8371, and have been booked at this rat?, and at 238.
MINING --Kailang have been booked at: 30/- and Tronohs at 31/6, the latter closing in farther demand. Hubs are easier with sellers at 88.00 and to busines to report.
DOCKS, WIARVES AND GODOWNS.-Hong- kong and Whampoa Docks are firmer with sales and buyers at 875 for cash and at Kowloon $76 for October delivery.
small extent at 876. New Engineerings Wharves have sold and can be placed to a are wanted in Shanghai at Tls. 0, Shang: hai Docks at Tla. 63, and Shanghai and Hongkow Wharves at Tis. 93.
LANDS, HOTELS, AND BUILDINGS-Hong- kong Lands are in request at $100 ant Humphreys Estates at $7.. after sales a this rate and at $61. Hongkong Hotels can be placed at $112, West Points at $71, and Kowloon Lands at $40
COTTON MILLS.-Hongkongs have ad- vanced to 882 sales and buyers and close firm. Ewes are warted in the North at Tls. 178, Kang Yiks at Tls. 10) and Shang- hai Cottons at Tls, 165
MISCELLANKOUs.—China Borneos have improved to 8101 buyers, and Electrics t 843 buyers. Business has been done in China Lights at 94.30, Cements at $8.20, Trams at 5.10, Watsons at 86.85 apl 20.00, and Peak Trams at 801, and most of these close in further request, Therg are sellers of China Providenta at 88.90 Union Water Boats at $17, and Cements
Since the despatch of our last report per str. Novam on the 27th ult, our market has mado a further recovery, both in values and in the volume of business transacted.
The recovery in "Twelves specially has And you went there and found the been more substantial and rapid, the alat 93.20.
vance reaching in some instances as much Indian patrol on duty ?--Yes,
as six dollars a bale. This is doubtless dus to the fact that this count has ruled relatively. low for some time past.
And did you instruct him to examine overy cell 3-I told him to go round A3 and
Mr. Gardiner, for plaintiff, objected. | AZ, sund to pay particular attention to the
It was in his lordship's discretion to disal-end cells.
low costs and be thought that that discre
And did he find them all in order Yes, tion should be used in favour of the plain-he reported all correct. on the beat. 1 made visite to the corridors between 2 and tiff.
3 a.m., and between 4 and 5 a.m., and a b. he again reported all correct.
The Chief Justice said he saw no reason For not allowing costs; they followed the usual event, His lordship also added that he desired to express no opinion as to the conduct of the European constable c03 cerned. He had merely to decide the law as he found it, though, as a matter of fact, he saw no reason why a question of“ honour as betwson the man and the bor rower should not enter into the transac tion, so far as the actual amount borrow- ed was concerned.
Mr. Shenton then asked that his for ship should direct the promissory noto to be cancelled.
His lordship Is that necessary? Mr. Shenton remarked the the note would, in the ordinary course, be handed back to the plaintiff and might be made the subject of subsequent proceedings.
The Chief Justice said he did not think
he had power.
Mr. Shenton replied that his lordship could order that the note bo kpt in the custody of the Count, and this his lordship subsequently decided to do
A juryman asked if it would not have taken a o Esiderable time to cut away the cell door so extensively as to allow of the passage of a man's body.
The Coroner said he would put that question to Mr. Franks.
..
The Indian patrol said he saw the deceased in his coll about 1.30 a.m. and he was then aparently sleeping. He had three wards to patrol. Subsequently he was told that the body of a man was lying in a yard rear the female quarters.
י.
Mr. J. W. Franks, Assistant Superin tendent of the gaol, said that at 10 am. that day he examined the deceased's c?ll. The door had been cut away at the bottons for the whole length, and from about two and s' half-to-three inches in depth...
The Coroner-What is the thickness of the door 7-About two inches,
All round prices have advanced in the past fortnight from two to six dollars (the latter figure referring to Twelves only). while the sales from first hands reach a total of 11,000 bales, acluding sales mudo to arrive.
A beary advance in Cotton is cabled from Bombay, which fact carried great weight with the local dealers and mainly influenced them to enter the market as they did.
At the close the tone is steady. Total sales 11,000 bajes. Unsold and undelivered in the godowns 51,000 bales.
MEMOS Next Settling Day, September 27th. Douglases 8.3. Co., Ltd.," annual general meeting 17th instant, transfor books now closed until that date,
THE BADGE HABIT. HUMORIST WHO HAS. COLLECTED FORTY-THK15.
There is a mad in London who has in his pesesion no fewer than forty-thre different war badges. Forty-two of these by obtained in the easiest and coolest fashion in the world-be simply bought them-as one would buy collar-studs or tio pins at the offess of the respective organizations they represent. The price varied from 2d, to 18.
BACH
PILLOW
$12.50
DECK
IN STRIPED CANVAS.
$3.50
AND
EACH.
CHAIRS
EACH.
LANE, CRAWFORD & CO.
SAKURA
BEER.
THE BREWERY'S OWN BOTTLING.
TRADE
MARK
Sukara
TEIKOKU BREWERY CO.LTD. MOJI, JAPAN.
-Hongkong, 12th August, 1915,
THE
"SOLE-AGENTS?
SUZUKI & CO.. ALEXANDRA BUILDING, TEL No. 468.
[865
TAIKOO DOCKYARD AND ENGINEERING CO. OF HONGKONG, LTD. TAIKOO DOCKYARD. HONGKONG. SHIPBUILDERS, SALVORS AND REPAIRERS. BOILERMAKERF. BRASS AND IRON FOUNDERS, CONSTRUCTIONAL, ELECTRICAL AND MECHANICAL ENGINEERS. WELDING AND CUTTING OF METALS BY OXY-ACETYLENB
AND ELECTRIC SYSTEMS.
Estimates given for quick construction and repair of Ships, Engines, Boilers, Railway Rolling Stock, Bridges, and all Classes
of Engineering Iron and Wood Work. GRAVING DOCK-787' by 85' by 34
Pumps Empty Dock in 2-3/4 hours.
Arrivals Tho mail str. Sardinia and extra strs. Iyo Mary and More from Bom-
In the case of the forty-third (writes a bay hare brought in 13,873 bales for Hon Daily Chronicle correspondent) the collec kong, and 12.551 bales for Shanghai, Shiptor in question found a little more difficul ments from Hongkong to Shanghai, coast-ty, but finally obtained his badge by buy-FREE PATENT SLIPWAYS taking vessels up to 3000 tons displacement, providing ports, etc., 1,500 bales. !
Shanghai-Prices at this part have also advanced with good business passing.
Japanese Yarn Sales as follows:-700 bales Setsu, No. 10, at 808 de 8101; 200 bal Setsu, No. 20, at $131; 500 bales Yellow Jost, No. 20, at $110 $121.
Raw Cotton. No sales in Bengal o Chinese. Quotatiins: Bengal at 818 to 822 Chinese ay 822 to 827 per picul.
RICE.
Messrs. Wm. G. Hale & Co. of Saigon in their circular dated August 26th say: Prices have risen considerably owing to cultivators holding back stocks and to mi lers being obliged to contracts falling
And what do you estimate the time which a man would take to do that damage to a door In this particular case it would duc.
ing it from a band-fide member of the association for half a sovereign.
$1
This man, of course, is a humorist, but his humorous hobby vividly illustrates the absurdity of war badges. It only needed few minutes of quiet observation in the trains, tubes, and buses, in the restaurants and in the streets-to re mark that of every three men in mufti whose age could not possibly be over fifty five at least two wore war badges.
The emblems are all colourable imita- tions of come badge or other that has ostensibly been issued with the sanction of the authorities. In many cases the badges are actually the emblems of no organiza- tion at all. Their owners are usually per sons of litte sense of humour, who hope thus to escape unkind, criticism from: their coighbours.
conditions for painting ships with most efficient results,
100-Ton ELECTRIC CRANE ON QUAY-ELECTRIC OVERHEAD CRANES
throughout the Shops maging to 100 Tous.
60 Ton Hydraulic TESTING MACHINE for Chains, Wire Ropes, Rivets, ote.
AGENTS FOR
JOHN 1.
THORNYCROFT & CO.,
LTD.
PETROL and KEROSENE MARINE MOTORS 7-1/8 to 150 B.H.P,
As supplied to the British Admiralty and War Office. MOTOR VESSELS, LIGHT DRAFT CAREIERS, GUNBOATS, LAUNCHES
HOUSEBOATS and PLEASURE CRAFT OF EVERY DESCRIPTION,. MOTOR PUMPING and LIGHTING SETS, MOTOR VEHICLES, Erc. Dockyard Manager,
at the Town Ofics.
can be seen between the hours of 11 AM, and 12 Noos
SUTTERFIELD & SWIRE.
FELEPHONE No. 112
HONGBONG, CHINA, AND JAPAN, AGENTS.: Telegraphic Address sinn TA1XOO DOCE.”
130