Page
THE HONGKONG DAILY PRESS, SATURDAY, SEPTEMBER 9r. 1918.
THE MURDER OF CAPT.
FRYATT.
[FROM OUR OWN CORRESPONDENT.].
LONDON, August 7th. Sino Nurse Cavell was put to death
HONGKONG MAGISTRACY.
SOMEBODY ELSE.
The case in which a sampan woman was charged with having in her posses sion 140 lbs. of raw opium came before Mr. Hazeland. The woman said she was asked by somebody to allow the drug to remain in her bont for a short* shile, The excus was too venerable, and a fine of $10,000, or, in default, twelve months' hard Jabour, was imposed.
FORI AND SHOPKEEPER..
LORD KITCHENER NATIONAL MEMORIAL FUND. APPEAL TO BRITONS OVERSEAS.
H.E. the Governor his received an ap poal from the Lord Mayor of Londen on behalf of the Lord Kitchener Memorial, Fund, and the War Charities Committee announce that they are prepared to receive and forward earmarked subscrip- tions to this object.
In view of Lord Kitchener's, great- services to the Empire"says the Lord
QUESTION OF CUSTODY, INTERESTING JUDGMENT AT HONGKONG BUMMARY COURT. An interesting judgment was delivered by the Chief Justice in the Hongkong Summary Court yesterday. It was Chinese netion, and the facts were short-no single act on the part of the Germans bass arensed such passionate anger as the ly these.
cold-blooded murder of Captain Fryatt. The plaintiff is a travelling trader in the sale of eggs.
He had been in the Thele world condemns his executioni habit of bringing eggs to the defendant, as a deliberate crime against civilisation who sold them and received 'a conmission and the law of nations. Of course, after on the sale. On a certain date a male two years' experience of German methods was effected, and the plaintiff requested it is scarcely possible to be surprised at
A Chinese shopkeeper appeared before Mayor-"I cannot doult that the object of this appeal will commend itself very the defendant to keep the purchase any fresh atrocity committed by the Mr. Hazeland in a badly battered candy warmly to Britons overeas, ruore especial- money. amonating to $132. until henemy. Grent passenger liners have been tion, and accused his foki of causing the ly as it lukes the shape of a provision for called for it. The money was, with theorpedeed without warning; the civil damage to his features. The shopkorper the disabled officers, son-commissioned knowledge of the plaintiff, deposited in a drawer in the defendant's premises Defeudan) also kept a little money of his own in the same drawer. The drawer was locked, and the key kept by the de- fendant. Then a robbery took place, and the many deposited 10 defendant's drawer was stilen; at least, it was placed in the drawer on June 3rd, covered missing on June 6th.
said that a dispute arose over wages and eventually theo feki struck him with a hammer. A fine of & was imposed, and bis worship bound both the men over to keep the peace for six months,
populations in occupied territory have been forcert at the point of the bayont to dig entrenchments against their fellow countrymen; murder, rape and pillage have been conducted with the express sanction of the Kaiser's generals; and at this moment thousands of young women and girls are being forn from their homea A ricahn coolic appeared before Mr. and disin Lille and other towns of northern | Wood on a charge of demanding more A report France and sent under escort of a debas-than his legal forc.
IMPUDENT RIGSHA COOLIES.
officers and men of the Royal Navy and Army, whose services and sacrifices de- mand our profound gratitude and ad- miration
The object of the Fund is to provide for disabled ofcers and men of the Army und Navy The Government pension may be assumed to protect the recipients against actual want, but the instances of disablement contemplated by the fund
was forthwith made to the police ed and brutal súldiery to unknown Inspector Kent stated that four show that much will bare to be provided both plaintiff and defendant together, destinations-to a fate, as there is every cutside 37 elite tai tu predebeyond mere sustenance if life is to be
University students engaged four risaas
the latter alleging that the money had reason to believe, which is work thaned to the Central Market, maxing a call made tolerable; and muth will have been been stolen from the drawer by men death. But while the record of German arrival at the Central Market the sturi
A the way in Bonham Strand. On achieved if it can be assured that the in- of a duplicate key. A Police Sergeant crimen on a big scale is truly terrible, cats paid the rican coolles hiteca ants dividual sufferer has such assistance in examined the defendant's premises, and
Captain Fryatt's tragic death is a clear-ench, which was ample. The coolies be the way of medical and surgical neces- found the drawer in which the 8432 had
came abusive and also caught hold of cut cas, It impresses everyone. It re-
the students. A lukong arrived on the saries as his condition demands. been placed locked and intact; but he
veals in a striking way the inherent scene and arrested the defendant, the also discovered that by removing the next
savagery and vindictiveness in German other three coolies running away.
A fine of $10 was imposed. drawer that it was possible to put a
nature, and the calculated cruelty and hand into the drawer in which the money had been placed and extract the money.. This fact was, the defendant told the police. unknown to him.
injustice of the German gospel "Might is right."
IMAGINARY FIGHTING.
Sergeant Beull, of the mounted section Captain Fryatt, who was
a typical of the Police Reserve, charged a boatman specimen of the resolute merchant
with causing a disturbance at Causeway In the curse of his judgment the Chief; Justice said the poim which he had to sands of English people using the Har-
mariner, was a familiar figure to thou Bay. Sergeant Scull said the boaiman decide was whether defendant was 5
was fighting and in a quarrelsome mood gratuitous bailee of the money, and whewich-Hook of Holland route to the generally, and a large crowd had gather
Continent. The 8.8. Brunnela, of 1,380ed round him. ther he exercised sufficient care in th custody of the money to exempt him frontons, which he commanded, belonged to fiability at law,...
His worship-Who was he fighting the Great Eastern Railway Company.1t was imaginary fighting. When war broke out the passenger Ber-
Well. I do not deal with imaginary It had been contended that as the device was stopped, but since then there and shouting.
fighting. He was waving his arms about He was certainly quar fendant received from the plaintiff has been a limited service of the boats relling with some people. commission on the sale of the eggs he was a week between Rotterdam and Tilbury for passengers,
Defendant said he was merely shouling no1 in gratuitous bailer. He (ie Chief for traffic in perishable goods, mostly His worship did not take a serious Justice) thought - that that contention foodstuffs. The boats have also been used 3, with the alternative of seven days' view of the case and imposed a fine of was fallacious. The defendant obtained for the conveyance of Belgian refugees bard labour, his profit on the transaction according to seeking a temporary asylum in Hollend. the evidence, prior to the deposit of the In March, 19th, while outward-bound purchase money altogether, and there was
NOT WHAT THEY SEEMED,
A Chinese was charged on remand be
Among the disabled officers in the Armies raised by Lord Kitchener are many men of slender means, while even. those who may be regarded as fairly well off may need help in cases where expen- sive measures of treatment are involved..
The Comell of the Fund realise that the proper place for the disabled officer or man his own home. To get home is his first wish, and to help him in this
direction vill be a prominent object of the Fund. In many cases of diable- ment, however, persistent medical or surgical treatment, or special nursing, is needed to relieve suffering, to prolong life, or to make life more endurable, and to confer some lasting benefit on the invalid.
nothing in the evidence to show that he Captain Fryatt's vessel was atacked by fore Mr. Hazeland with attempting to ut only medical aid, but to supply ap
obtained any profit or gain incidental to.
22
uhtain money by false pretences from a pawnbroker at Kowloon City.
German submarine, but by skilful the deposit of the money, and pending ring he cluded capture. In re- the plaintifï's' request for it. This being cognition of this he was presented with
It will be recalled that defendant went so, the case of Caited, Service Co., gold watch by the Chairman and Directo complainant's stop with two gold ors of the G.E.R. Later in the same bangles with he said he wished to pawn, 0, 212, was not matilogous. The Chief
The shopkeeper looked at the bangles and Justice preceded : --
nonth he almost succeeded in ramming a said that they were not gold-mounted but brass-mounted, and alleged that de called in the Police and defendant was fendant had tried to defraud him. He
Subsequent investigations revealed that the bangles were gold, and Mr. Ma ley, who appeared for complainant, ask- for the case to be withdrawn, is, of course, there was now no charge against the man. On behalf of his client, also, he was requested to my that complainant was prepared to give defendant the sum of 10 as compensation for the wrongful imprisonment he had suffered.
Mr. Gardiner (defondant) refused the
except
It being therefore a gratuitous de submarine, the bow of the Brussels strik- posit, the bailer ones so duty to the ing the conningtower as the pirate craft bailor
that of mere good faith,dised. For this he received a presenta-taken into custody and charged. and by gand faith is munt the absence to watch from de Admiralty and a Evidently this of sách Haurant and gross neglect as testimonial on vellum. would imply a fraudulesi purpose on the was the crime for which he was tried part of the depository (see Jones, in by German court-martial and shot. In Bailments page 0 Wyatt Paine page 12). July 1st year the Brussels was again Douman 2. Jenkins 2, A. & E. 256, was attacked, a torpedo being fired at her; relied on In that caRE a coffee-house but Captain Fryatt's cool courageenabled keeper was asked gratuitously to take him to escape destruction. A week later charge of the plaintiff's money. Hethe bont was chased by a submarine. placed the money in his cash box with When the enemy demanded surrender the his own money, by a bar in his public gallant skipper's reply was to hoist the coffce room, and the cash box was stolen biggest Union Jack he had, and by put Lord Demian, it leaving the question of ting en full stem he got away. Begleet to the jury, directed them, inf it did not hollow from the defendant's
Since the Germans have been able to having lost his own money at the same use Zeckbrugge as a base for their mos- time as the plaintiff's, that he had takes quito craft they bave beer on the watch such care of the plaintiff's money as a reasonable may” would onlinarily, fake of for the English hats running to and his own
.250.
offer:
Feeling among all clases in England on the subject of Captain Fryatt's excu ten is so strong that the Government will have to take steps by way of reprisal. The King, as usual, interprets the mind of the nation in a letter of condolence he has sent to the widow, stating that it is "with feelings of the deepest indigna death, and expressing the abhorrence
This often involves à far greater out- lay than the disabled man of limited means can afford. It will therefor bu the first purpose of the Fund to help. officers and men alike, and to provide
paratus, appliances, expensive nursing requisites, such as waterbeds, and to help. generally in making the life of the dis- abled man as free from worry and dis- comfort as is possible.
There will be many asos which would homes of the patients, such as the case not with advantage is treated in the of a man totally paralysed, who cannot receive adequate care in any but a well- to-do hom. He needs a special bedatend if he is to be moved daily into the fresh and a constant service of both male and air, and he needs also costly appliances female uuses. He needs electrical and
etc., which can only be adequately sup- other measures of treatment, massage, plied in a home or institution which will form the basis of the Fund's efforts.
officient residential and visiting staff. To such a home will be attached an The disabled man will be assured of the best possible treatment that the country can provide, and if there is any hope of recovery, that hope is more likely to be realised in such a special establishment as is contemplated,
PRINCE ALFINDER. AT SALONIKA.
IN COMMAND OF SERBIAN ARMY.
The Crown Prince Alexander of Ser
1 max repeat here. thai in the case from Holland and the Thames. Their t'on" he has learnt of the gallant sailor'bia, o will command the Serbia
with which he regards the outrage. It Army, laiced at Salonika at the end of is not proposed to punish German pri-July accompanied by the Serbian War soners in our hands; for, of course, that Minister."
is not the English way. But it is suggest *His Royal Highness did me the honour
tin.
the plaintill was privy to submarines lie in wait along the sea lane; infore patting the money in the drawer and numerous skirmisties have taken and he knew where it was placed as in the ease of previous deposits. Further place between British-and German tor: more. It was proved that the drawer was pedo boats-always to the utter discomfed that the property of enemy subjects to receive me this aftemoon (writes Mr. Ineked, and bet for tim position of the
ture of the latter. On June 23rd, an
in this country should be estreated as n. Ward Price on August 1st). Ho was adjoining draw the money could only
retaliatory nasurg the Han being very glad, he said, to be back with his have brea extracted by tampering with enemy destroyer captured the Brussels notoriously sensitive, where his own pos
Army.
above all at this important the ck; and I should much doubt if no
ad took her into Zeebrugge. All the sessions are concerned though utterly in- ordinary Chinese Trader in this class of
| different to the rights of others. Another I hop soon," he added, “to make business would secure temporary cash members of the crew were sent as pra suggest on is a complete trade boyett of a tour to the front. You know the cager- deposits in anything but in ordinary drawer or cupboard; and the authorities soners to Germany; but it can be easily Germany after the war rather dificult ness of our troops. It is only equalled, A indeed, by the impatance with which nep clear that thy degree of diligence to understood that, being what they are, the matter te decide upon at this stage. In exercised by the depository must be Germans gleefully determined to wreak third plan, which finds most favour, is to we are awaited in Serbia by our country. determined by the special facts of each thoir vengeance on the intrepid Captain dany to all Germans civil rights and pri- people, al present under the yoke of the
vileges in England for twenty-one years enemy."
It One thing that has already struck Jones on Bailments says If the who had defied them so often. At the following the declaration of peace. bailor only receives benefit or convenience
is stated on the authority of the Voming me during the short time I have been in From the bailment it would be hard and she me they doubtless hoped a nani Post, which vouches for the accuray of Salonika," said the Crown Prince, is unjust to require any particular trouble festation of "frightfulness" would de-its information, that shortly before his the thoroughly good understanding that from the bailer, who ought not to be ter British merchant commanders from
death Lord Kitchener advised this course prevails between the English and Ber- molested unnecessarily for his obliging
as the best way of impressing on the Ger- bian soldiers. One sees them going about conduct; if more than good faith were risking a similar fate. A. fatuous belief man nation the fact that, by ream of together, evidently on friendly terms, xacted from such a person, that is, if he in sheer terrorista as a means to an end their countless crimes in the war, they even though they cannct understand each. were to be made answerable for less than
have placed themselves beyond the pole offer. A natural sympathy seems to gross neglect few men, after one or two has dictated their policy all through the of civilised peoples. Meanwhile the spring up very readily between the Eng-
xample, would acceur goods, on such
war. The atrocities in Belgium were de Government are considering what im Esh and Serbian races and I was very terms and sucial comfort would be persigued to terrorise the civil population, mediate tion can be taken to avenge nich toushed by the rarna expressions portionalely impaired." In Giblin
Captain Fryett: and Mr. Asquith's of friendship I met with during my re- McMullen 5. Moore P.C. (N.S.) Lord just us the submarine campaign was in-assurance to the House of Commons has cent vis to England both from the Chelmsford said :-.
profound satisfaction—namely, } people and from the Government.” As to what amounts to actionable tended to terrorise the mercantile marine ven
"How magnificently, his Royal High- negligence (negligence being a negative and isolate England. But the Teutonic Government are determined to bring toss add, "the English troops havo
that "when the timo arrives His Majesty's and not a positive term, involving the mind bas never been able to understand justice. the criminals, whoever they may been doing lately on the Somme, It is non-performance of a duty. though affected by the special facts of the enre) the psychology of other nations. Thebe and whatever station they may hold." really sperdid that an Army that has had
call what Tallyrand sait of the judicial so well. One can only regret the double, When the Kaiser reads this he may reso short a training should acquit itself murder by Napoleon of the Duc d'Eag tragedy that that wonderful organizer, l'en; C'est pire at'ua crime; c'ed sine Lord Kitchener, whom I met only a heute and it will serve as a reminder month before his death, should not have that Kings have a crik in their necks.” lived to see this crowning point of his
HB.
work?
is smaller which must be defined by the Germans are the vetims of mental ob Court to whom it belongs to decide whe ther there is sufficient evidence to sustain liquity. They imagine that if they are
the breach of duty" I am satisfied in brutal other wet must be gowards. this case that there was not and that no
gross negligence has been proved. I give
jadgmest for defendant,
(Continued on next Column.)
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