Page
THE HONGKONG DAILY PRASS, WEDNESDAY, OCTOBER 17TH, 1917.
CONSCRIPTION QUESTION IN
INDIANS CONVICTED MANSLAUGHTER.
OF
HONGKONG.
tr sur
The following excerpt-from The Timer will, we think, readers :--
Hongkong, August 23rd-A deputation of the unofficial members of the Legislative Council waited on the Governor, Sir F. H. May, to express their hearty agreement with the Bill for compulsory military service now before the legislature, All British subjects, the deputation said, approved of ectiscription for the Colony during the war, and strongly objected to the wish of a portion of the unofficial members of the Council that the decision should be deferred until the question had
· been dreided by the House of Commons,
Mr. Jenkiu, addressing the jury, said it wits usual, except in the presenco of the learned Attorney-General, for the de EACH SENTENCED TO FIVE YEARS feading Counsel to have the last word. It was a rule which had been laid down HARD LABOUR,
covering the procedure of the Courts and it was a very proper rule, because the man who had the last word very often got bore. on is. To that rule there was one excep- tion. When the learned Attomey-Genéral : appeared in
The trial of the three Indino Naval Yard Constable on a charge of murder. ing a Sergeant Major of the force in Nathan Road, Kowlo
ente July 7th, way concluded at the Criminal Sessions yesterday before the Puise Judge.
In his subming-up the Judge-entioned the jury against returning a verdict of murder because they did not know enough He pointed out that about the ease" there were thre other alternatives open to them to convict all three men of munslanghter, la convict the man who
The Governor has telegraphed to Mr. | had struck the serious blow of manslaugh- Lang, Colonial Secretary, on the subject, | ter tond to discharge the ather, prisoners, and is awaiting a reply. Reuter.
or, to bring in a verdict of not guilty in the ease of all three. The jury intind to consider their decision and wore absent HONGKONG ~ CENSORATE,
ribent con minutes. Upon their return With reference to our recent prolet Mr. C.. B. Brown, the forethan, stated against the arbitrary holding up by the that they werd unanimous, that all three Hongkong Censor of Heater's ingesprisoners were guilty of manslaughter reporting on political events in Canton and the Judge immediately passed sen
**OUR DAY.". LADY MAY ROSE FUND.
ledged Subscriptions already acknow Mrs. B. S. Strahan King Edward Hotel... Messrs. Hughes & Hough Mess, Silvi Nette & Co. Sikh Temple Bir William and Lady Reen-
Party
Rev. J. K. Matonathic
Mr. H. 0. Ear Mr. and Mrs. T. D. Mudie Subscriptions through Hon. Mr.
Lau Chu Paki- Mr. ned i. Choy Hing Alr. Chair Cheuk Hing. Mr. Chan thik Yur Mr. Ng Hou Tz
$20
10
..... 10
4. Shelton Hooper case, whatever happened, Mrs. Eldon Potter- Arcadian Bathing he had the last word. Therefore, if, as
Mr. F. Maitland.....
HG. Suderman was their bounder duty, they were going Commodare to do justice to these inca who were placed upon their trial, he asked them to carry in their minds the points he would make un their behalf. Although a man ha Lose his life--as in that case the Sergeant Major and lost his life--it did not there fore become incumbent upon the Crown or the jury or anyone else to and a vietiin who sand pay the penalty. If a man who, without doubt, committed a mar her cunt : found the law said that be shoud be made to pay the pulty. But i did not follow, beanse they had men in the duck, and they was evidence, against theme, dest they should find them.
Isnys the Northethian Bally. Neer) setence of five yrus' hard. Iabour upon each. Buitry of murder, or manslaughter ori
Cauderstand that the Cenger has stated that
he, will allow no teingrans dealing with Dr. Sun Yat-sen's mutiny To pass; and
to them--and if at the first bhich it spem-
Fauce, instructed by Mr. Les d'Almadan adacious thing to do, they might Mr. Jankin, who appeard for the day other crime. He was going to put it asked that the sentence might date from it to the cralit of a Counsel who was,
ཡ་
$5,345,00
·100,00 ∙∙100.00
100,00
100.00
05,20
50.00 10:00 50.4x3 50.00 28.00 $5.00
20,00
15.60
10.00 10,00
INTIMATIONS
LANE, CRAWFORD
& CO.
SPECIAL VALUE IN MEN'S
SLEEPING SUITS
50.00 FANCY STRIPE CEYLONETTE
$3.50 TO $4.50 PER SUIT.
$5.00 FANCY & BLOCK STRIPE CEYLON
ΤΟ
Subscriptions through Mr. O, el
Ardlic Mr. A. F. Archill Dr. H. el Arealti Mr.O, Arcufli (Hob.). Mr. Ael Arculli Mr. E. el Arculli Mr. G. di Areni (J(). Buliscriptions through Messrs. W.
Astömall & Co. :---- Mr. Wisinmill Asomall
Mesers. D. Chekaram
15 Mesors.
M. Dia das & Sous 15 Mesers K. A. J. Chotivmall Mears. Pohoomall Brus
& Co.
10 Mere. My 3 Col 10 Messrs. T. Pursotamall & Co. 10"
Mesra, G. D. Meivani & Co. ... 10
-$ 180.00 Subscriptions through Mr. D. £1. Bever, Kongmoon :--- D. G. B. M. E. Meyer Rev. T. A. Broadfoot Mr. W. R. Alekay Mr. D. Mcftae Міка H. A. Sherry Miss F. H. Langrill Miss A. Damage ....
*
has intimated further that he is neting the tits of arrest in view of the fact that perhaps, too young to be taken seriously Mesars. Walinmall Rooichand. 70
under instructions, Whence come these instructions and at winse iestigatire and a half months. For some while "the mara had already been in prison for
they given? They are entirely outside) the scop of the Caronships published | the judge demured to this, stating that
that this was a ea e neither of murder That it might be mr manstaughter,
garded a slaughter, and that they he had at first thought of sentencing the
might find it so, be entirely recognised. prisoners to seven years, but subsequently, submitted that they could not find it in agreed to the request,
murder, it rangnising that they might, The prisoners did not appear to be ai
find it, mandasighter he would not hesitate al depressed by the result, and, as they that it was possible, the evid were conducted from the dock they shoul bands smilingly with their many friends he had been present thoughout the
-regulations. If they are prañpted by - wiches of the Chinese Government, wel and goen. But as Chiace press telegram, con through abundantly, this VER hardly be. The latter fet illustrates the obtineness of the official wind; it should be easy, of course, for letter to evade dis embarge on telegries which the Censor is only permitted to read us ahearing of the case.. inaller of courtesy, and, unless the restric
The procention was conducted by the
ence, that they should find it neither.
tion is liftel, Reuter will be fully justified Attorney-General on behalf of the Crown absent in this case. In order to find men
in doing so.
Mis: A. J. Dickson Dr. J. A. MacBean Mr. H. Watling. MP. de Rautenfold Mr. A. C. Biesterfield M1 Mr. J. Rasmussen M. E. C. Charrington Mr. J. Chipperfield. Mr. H. Scrimshaw M. E. B. da Rosa
It could not in musab for this reason. There were wanting too many of the essentials of a crime of murder. In point. of fact, every essential to the crime of murder, as known to the English law was guilty of murder they had to find they Jant the greater part of yesterday war nad malic aforethought. His first point devoted, of court, to the defence, was that the meeting of these men with
the Sergeant-Major was purely accidental. A. I. Craig. Dr. Smadley was recalled and stated is second point was that when they Mr. E..A. C. Fredrickson
V. A. C.
Barreira A TRIBUTE TO VOLUNTEERS that in his opinion it was practically met him they did not act as men who had | Lin
made up their minds, who had a common Mr. M. design, to murder hito. His third point. F. Johanson the decased umn to' have been caused by was that if the men had wanted to com- W. L. Thompson -
Cupi. Hill," On Tee mit nurder they would have taken with Mr. J. Prentje: them some weapon which would have been. J. G. useful in carrying out their purpose. Mr. H. Powell The evidence showed that the men started out with nothing in their hands and that M: Kuykordel,
Ag his A. Komaroti they returned with nothing. fourth point he would ask them if they
FROM HONGKONG EXCELLENT MATERIAL FOR THAINING AS OFFICERS.
impossible for me wound on the heart of
his falling down on the handle of the The following letter hás heen reeixi tambide he was carrying Cross-examin from the Oficer Cunninding the lines ofed by Me, Jeukin, he said it might be Court Officers Training Corps by Mr. Efeasible for the wound to be sustained in A. M. Williams, Berretary of the Heng-)
that way, but he ragarded it as unlikely kung Chander of Commerest
1. Stone Buiklings,.
Lincoln's-Ion, W.C.,
in this case.
The three prisoners were then cach placed in the witness-box. The first said
bo had been in the force for five years had bad, a good record. He had never had a quarrel with the deceased and way on quite good terms with him. On July 7th he left the Saval Yard, Kowloon, with the third prisoner for a walk, and they
2
255
$40
$7,588.20
$6.00 TO $8.00 PER SUIT.
HEAVY
TWILL CEYLON
ΤΟ
$6.00 TO $8.50 PER SUIT.
VIYELLA SLEEPING SUITS
IN THREE WEIGHTS.
LANE, CRAWFORD & CO
WAR
18
CHARITIES.
"OUR DAY"
THURSDAY 18th OCT. 1917.
MORNING:
Collection for LADY MAY'S ROSE FUND: Or cheques may be sent you addressed to LADY MAY, Government House (envelopes being marked "Rose Fund"). AFTERNOON at 3 o'clock.
GREAT DRAWING OF WAR BONDS at the Murray Parade Ground.
St. John Ambulance Brigade competitions. Teas and Refreshments in English and Chinese style, and various
attractions.
Excellent trinterial for training as Officers had no idea they would meet the deceased.points he had made were inconsistent ing Range, and twa Electric Fa Ar: EVENING at 9 o'clock.
14tle Angust, 1917. Sm--The number of therseas men who have come sve just recently froin Hong- kong and have joined this Corps prompts me as write you on this subjet.
Most of these men have proved such that I desire to seek your co-operation in directing my further British subjects from your Colony, who may retura ing to England to enlist, to this Corps, which exists solely for the training ef saitable entdidates for the commissioned
the British Army, ranks of
Many hundreds of Colmials have passed through this Corps since the outbreak of War, and in most cases i has been found
They met him with the second prisoner coming down Nathan-road. They were not carrying sticks and had no weapons of any sort. When passing some Chinese"
women the deceased called out to them in Chinese. The women began to swear, und
FETE at the Public Gardens. New OFFICIAL WAR FILMS shown for the first time in Hongkong; Illuminations and Music.
THE BANDS OF THE 25th MIDDLESEX REGIMENT, 18th INFANTRY, 74th PUNJABIS and POLICE RESERVE
that their experience and physical fitness the second prisoner reinomtrated with it to the jury that they before to-day had of “ Our Day,” by V. A. D. ladies in the will play during the Afternoon and Evening.
render them exceptionally suitable for training as Officers.
Applicants for enlistment, who must be British Subjects, should attend at this
netum
the deccaard for having spoken to them A difference of opinion arose, and when mar- the Club de Recreio the Sergeant
Depot as soon as possible after arrival in Major struck at the seem prisoner with England. If approved, they will be medically examined dú once, and enlisted his Est and was attempting to strike a as soon as they are prepared to commerce training, They will then receive the second time when witness hold his art ordingy Army pay and allowances until In his struggle to strike a second blow he they are commissioned. Uniform and full Kure issued free, and food and
fell and lay on the ground. The second modation in comp or in billets, according prisoner then tapped him twice on the
are also provided. Furelost are a few comin of the Latest hark with a stick, saying, "Why don't you Particulars." of the Corps, which I
|get up; fancy lying down there? Witness would be very glad if you noticed that the deceased was bleading the notice Recruits. AL- tention is called to the Mounted Detach from the head, and they became fightened ment for men desirous of obtaining com-
and ran away. There was missions in mounted units.
nover any
doing him serious injury. intention of killing the deceased or of
*
you and whom you may wish to specially Any Candidates personally known to recommend should be provided with a Better from you to this effect.
The second and third; prisoners told
somewhat similar stories, the second re
could believe that these man had formed codul murder by selecting possibly the a common set purpose to commit a cold-
To the list of special prizes to be ruffled. most populous part of the peninaula of
for on the Murray Parade Ground on Kowloon, the main road-Nithan-read Thursday afternoon has to his added a on a Saturday, aftern on to accomplish delightful Toy Waggonette, kindly ore. their object. They had to apply a stand-seated by Mrs. Powell Ltd.: ard of reasonable doubt to their deliber some Cigarettes, a gift of the Green- tions. They had to be absolutely satisfen Egyptian Tobacco Store; and a most in- that those men had committed the crime teresting picture by Messrs. Graca & Co. Iessrs. Shewan, Tomes & Co., also, have of which they were charged-deliberate, Mo cold-blooded murder and he put it togerously presented a two-horse-power thern that they could not do it. The Outboard Motor, a Hughes Junior Cook- to be with such a crime. On the other side of sold for the benefit of "Our the picture he had to conjecture what the rangements for the disposal of these will learned Attorney-General would say to be notified later.
The South China Morning. Post" has them. One of the things he felt quile certain the Attorney-General would say kindly presented three thousand-Shicis was that the ten ran away. They could bearing the insignia of the Order of St. ave running-away which was as consist John of Jerusalem and the Red Cross ent with innocence as with guilt. He put biety, which will be sold for the benefit run away rather than face awkwardPublic Gardens on Thursday evening. questions in relation to something which was rather unfortunate and booked suspi- cions.
He was not asking them to say thatid ask them to say that the mere that these men were entirely innocent, The Yuaning away Attorney-General would also probably raise the question why the men did not report the matter on their return to the Navy Yard. The reason why they did not report the matter was precisely the
The following subscriptions to the shove same as the reason for which they ran Fand have been received by the Treasurer away. They wanted to have nothing to during the week ending October 19th and do with it. The last thing, and it was are gratefully acknowledged the thing about which he felt most in Brought forward sensed-in this case, was the question of 34. Garden inflicted this very serious harm on this the reason why these men should have G.
W. I. D.
M. man, sufficient to cause his death. This A. and F.
R. E. Bojilios running question of motive had be inrough the Crown case from start to A Crow, Aug., Eopt., and Oct. *
C. Edgcumbe finish. He was speaking on behalf of These men now, and he did not care so ag as he kept within the limits of decency and said what was fair and based
Was
nothing.
Any further information required can be at once supplied, and an acknowledg ment of this letter would be appreciate i marking that if he had wished to take on, evidence. · The attempts which had
ao, Bir,
the life of the Sergeant Major, or to in-been made in the case to prove a motive fliet apon kaur any serious bodily harm the said it openly and intentionally-
Your eledient servant, (Sgd.). Auren Goonson, Kt
(Director of Organisation) The following reply has been sent:--
16th October, 1017.
letter of the 14th August.
her, I have for acknowledgment your Practically all the men who can be spared have left this Colony for one of the theatres of War
the remainder' have their allotted task in the Defence Corps or the Police Reserve..
excellent
could have done it at night-time when the Sergeant-Major came to visit him on duty, when he had his rife and bayonet, or he could have pushed him into the harbour.
There was a sharp remonstrance from Mr. Jenkin when the Attorney-General,
It will, nevertheless, afford the greatest satisfaction to those who have done some- 14 cross-examination, questioned the thing towards the training of the men so nicely designated by you as
accond prisoner regarding a petition terial for training us Officer, " to kare which had been sent in to the Anthorities that their planting has borne fruit, against the Sergeant Major... am, therefore, giving the widest publicity to your letter by sending it to the Press.
am, Sir,
Your obedient servant, (Sr.) E. A. Me WILLIAMS"
(Secretary).
Sir Alfred L. Goodson, Kt,
Director of Organization,
Inns of Court Officers' Training:
Corps,
Mr. Jenkin-The, way you strain for motive in this case is monstrous, I think
The Attorney General Do you think
201
Mr. Jenkin-Yes, and I shall have acmething to say about it présent);
There will be no performance by the Fantasties" to-morrow night at the Theatre Royal, owing to the great effort and evening to raise funds for tiny Red which is being made throughout the day $1 Cross Society.
SERVICES ENTERTAIN- MENT FUND.
Total carried forward Monthly subscription.
T. ROBINSON
$1,800.00 5:00
10.00
5.00
20.00
(5.00)
la.co
30.00
$1,980.50
(General Secretary). F. G. B. HASTINGS, R.N.
(Naval Secretary). CL. COCPELDUNT, CF
(Military Sec. and Treasury.
were monstrous. He put it to the jury that if they looked at the case fairly and squarely there was an absolute absence of motive-nothing which could possibly be called motives Counsel concluded his in law, was murder. As regards motive, address by describing alterative ways what he had done was to put before them by which the wound which taused death all the evidence he was in a position to might have been inflicted
out before them. It might be scanty, it The Attorney General remarked that might not amount to a sufficient mutive Counsel for the defence had dealt in their opinion. When the prisoners with the matter before them with went into the witness-box, however, they great courage and had put the best obtained a deeper insight into the possibi- what they would lities that might be behind that cane. face possible on possibly realise was a had cale. He asked The second prisoner had told them that the jury to use their common-sense and he was assaulted a seriously that he had to keep their minds tastened on the main to go to hospital and that as a result of facts and not to, bo distracted by side that assault a petition had been sent in issues He did not ask them to find that against the Bergant-Major because it the prisoners went out deliberately in was thought that the Sergeant Major had tending to kill the deceased. If they incited men to set upon the prisoner. Found that they intended to do him That showed there was something more grievous bodily harm, and went further behind the case than they had heard than they intended and killed him, that, Continued at foot of nest Column)
The Judge they summed up and the Jary returned, their verdict as stated.
Admission to Parade Ground, 50 Cents.
Admission to Gardens, $1; Seats, $5 enclosure and enclosure.
Sailors and Soldiers in uniform (not including the Hongkong Defence Corps) admitted free;
Children half-price for admission and seats,
Tickets for admission and seats obtainable at Movrnie's, KOLINSON'S, ANDERSON's and from
Members of the WAR CHARITIES GENERAL COMMITTEE
Tickets for the War Bond Drawing are obtainable at all the
Principal Banks.
Powell
TELEPHONE 346
FOR
[1122
Lid
OUR DAY"
PATRIOTIC RIBBONS
National Colours of the Allies in Several Widths.
"HEATHER DAY"
TARTAN
RIBBONS
in Great Variety.