Page
THE HONGKONG DAILY
VISIT OF THE PRINCE OF LIEUT, GEN. KIRKPATRICK'S
WALES.
ARRANGEMENTS COMMITTEE
FORMED.
H.E. the Governor (Sir R. E. Stübbs. CMG) presided yesterday-at-noon, brer a representative meeting of leading citizens who assembled in the City Hall; at His Excellency's invitation, to take preliminary measures in preparation for the visit of H.R.H. the Prince of Wales
Bett April.
.6
SUCCESSOR
MAJOR-GENERAL SIR JOHN
FOWLER
A Router's cable reports to-day that Major-General Sir JS-Fowler has been appointed to the Command of H.M.'s Forces in China.
This is the first intimation of chango in the command though it was taken for granted whet: Sir George Kirkpatrick was recently promoted to the rank of Lieut-General that he would not long remain in his prosent position.
1.
"PRESS, THURSDAY, OCTOBER 2011, 1911.
The Magistrate: I did not express A MOTOR. LAUNCH OFF
disapproval; I made a note of it. I said TAMMA:
the man showed narvonmasa, bus ti POLICE PREPARATION OF CASES might have been for other reasons. I
ORITICISED.
have only heard your remarks I hara not heard what the defendants have to
Y
J
Mr. Lo said he would not have made his remarks if Mr. Smith; representing the prosecution, had not said that in his opinion the ease could not go on. He could not call the defendants it the case was withdrawn,
The Magistrate remarked that Mr. Smith was only expressing an opinion.
Mr. Smith: I am not prosecuting. I was asked to come up, as it was an in- portant opiam case.
The informer's
An interesting question concerning the preparation by the police of cases for presentation before the Magistrate was raised yesterday afternoon, before Mr G. N. Orme It as alleged that two Indian constables were giving false evi dance in support of a charge of smug H.E. THE GOVERNon salt: The reason
gling opius on a motor launch and that the European police officers in charge of 1 brro asked you to come here this morn
Major-General Sir John ing is, as you know, that His Royal
Sharman the case know, or ought to have known, Highness the Prince of Wales intends to Fowler, RE, 5.0.M.G, was Director of that evidence existed which would throw visit the Colony on his way to Japan Army Signals in France during the war. I regret that the stay of His Royal He was born in 1864 at Rabinstown Co. doubt upon the Indian constables' stato Highness in the Colony will be very Meath and was educated at Cheltenhaments. It was suggested, further, that short; he proposes to arrive on the morn College. Getting a commission in the if this conflict of evidence had been dis ing of the 6th and leave on the morning Royal Engineers in 1588, he served in the covered earlier, four men would not have evidence is as new to me as to the of the 5th, so it is clear we cannot do Izazai Expedition of 1892, Chitral, 1885 been kept in prison for several days Court
The Magistrate As to expressing any very much for him while he is here. But when he was mentioned in despatches Awaiting trial, and if the discrepancy you will all share my desire to give His and was awarded the D.S.O. and medal had been discovered at the very outset the surprise and indignation as to Indian would never have been witnesses' evidence, I should be very glad Royal Highness, during his short star as with clasp), the North-West Frontier of prosecution good a time as we can and show our India 1897-98 and was with Tirah brought at all. loyalty to him and the Royal House.Expeditionary Force (despatches and two Two Indian constables went out from if they were all entirely infallible, but (Applause).
clasps). From 1800-1902 he was on special the police station on Lamma Island, act- A EXCELLSCY went on to explain that duty with the South African Field Force, ing on a statement by an informer, to afraid until the oath is changed for this purpose he had summoned the was mentioned in despatches, became bre- verify suspicions about the business of wo shall have this difficulty. I am afraid meeting with a view to appointing the et Major, and, was awarded the Queen's a motor launch and two sampans in the we can't rely on Indians to be entirely reception committee to make the arrange medal with three clasps and the King's harbour. It appeared that opium was truthful. Acting according to their best wenta for His Royal Highness's enter- medal with two clasps. He served found on one of the sampans and the lights, I am afraid they diverge some. taifiment during the two days he would throughout the European war 1914-1019 defence suggested that, to convert what times from the truth. That applies to be here. The matter was one of con- and besides being promoted to the rank they believed to be moral guilt in respect Chinese police as well. I wish I could siderable urgency because the Prince was of Major-General was rewarded with the of the motor launch, into legal guilt, the always believe them.
over-zealous constables transferred some leaving England on October 26th and C.B. and the K.C.M.G. the authorities at. Home had asked that. Referring to the promotion of Sir a draft programme should be submitted George Kirkpatrick to the lieutenant before be left. The provisional pro-general's list, Truth remarks "In these gramme would accordingly be telegraph days of reduction of establishments pro- ed. The only indication of the Prince's motion to lieutenant-general is not wishes that had been received was that always blings to those aspiring to further be desired to have an opportunity of activity, and distinction, but it carries playing polo.-(Applause.) For the Com. with it certain, pension advantages. mittee, His Excellency said, certain names would be proposed and others could submitted by the meeting. In view of the urgency of the matter, he thought it would be desirable that the committee should be small or as small as would be reasonably representative of the Colony!
BIGHTS OF SUB-TENANTS. INTERESTING POINT UNDER THE
RENTS ORDINANOE
The position of sub-tenants when principal tenant decides to go was con- sidered in a Rants Ordinance case before Mr. Justice Gompertz. in the Summary Court, yesterday. The owner of pre- mises in D'Aguilar Street applied for the ejection of a man who occupies a
The COLONIAL SECRETARY (Hon. Mr. "CLAED SEVERN), said that in view of the urgency to which Hik Excellency had alluded for drawing up the draft pro- gramme and submitting it by telegraph, it would necessary for the committee to meet to-morrow, so that the programme could be sent off the same day. That room there. would give good time for a reply approv Mr. F. E. Nash, for the landlord, ex- ing or amending the programme before plained that the tenant gave notice of His Royal Highnese left England. His intention to quit and had since moved Excellency had appointed the members out. The premises had been let to some of the Legislative and Executive Councils one else, but the defendant, to whom a to be members of the committee and the room had been sub-let by the old tenant, following names were also proposed refused to go, claiming the protection
The Chief Justice, Sir War. "Rees
of the Rents Ordinance. Mr. Nash sub- mitted that under the Ordinance the Davies.
To represent the Churches-The Bishop landlord was entitled to an ejectment of Victoria, Bishop Fozzoni, Rev. Marder. Macanachie and the Rev Mr. Mr. M. H. Turner, for the defendant, "Clouston Porri; Sir William Brunyate, Vice-Chancellor of the University; The said the notice to quit had to be given heads of certain firms, Mr. Edkins, of by the tenant in actual occupation Messrs. Butterfield & Swire; Mr. D. G. and the point was as to whether the 3 Bernard, of Messrs. Jardine, Mathe-defendant came within that definition in son & Co.; Mr. A. O.. Lang, of Messrs. respect of the space he occupied, Mr. Gibb, Livingstone & Co.; Mr. Montague Ede.
Mr. Wilkinson, Mr. Hastings, and Mr. Alabaster. Two representatives of the Press-whoever they think proper to ap point. He suggested the names of Messrs. H. A. Cartwright and B. A. Hale,
The Hon Mr. H. E. FOLLOCK: Mr. Hale is on the same newspaper.
The COLONIAL SECRETARY: Other names can be suggested.
Turner argued that the facts showed that, for the purposes of the Ordinance, the defendant was a tenant in actual occupation and was not affected by a notice to quit given by the "head tenant,"
of the opium from the sampan to the moter launch. showed some disagreement ander cross- At the previous hearing the constables examination and the Magistrate remark rd- that. it struck him that, in giving his evidence, the constable was not telling the truth."
178
Mr. MK Lo, who defended, express- ed himself strongly about the case which he described as a "trumped-up' one.
At yesterday's hearing Mr. Le asked the Magistrate whether he desired to hear further cross-examination of the Indian constables having regard to the opinions he expressed upon their evidence last week.
The Magistrate: Perhaps I was. rather carried away by your virtuous indigna tion, thinking that you, knowing the facts better than I did. had good grounds for that indignation.
Mr. Los I hope your feelings have not cooled down because, whether virtuously or otherwise, I still feel indignant be cause I believe the case to be a trumped up case.
The Magistrate: It will shorten your cross-examination if you have definite evidence to disprove the ovidence of the
Indian constables...
Mr. Lo I have not been able to get the passengers on the launch.
constables might have been too busy Mr. Smith suggested that the Indian searching the launch to notice the escape
of the other boat.
"Mr. Lo: If you can get the Magis trate to believe that, you will get him to believe anything.
Mr. Orme: Magistrates are very credulous people.
The fisherman who told the police about the opium then gave evidence. He said he saw the launch and two sampana meet in the bays the launch went in When the between the two sampans, police boarded the launch one of the sampons moved away. He pursued it in the sampan the police had used. The men reached the shore and escaped.
The witness then declared that the opium in the two bags in Court was on the sampan which the men deserted. It was never in the motor launch, he said... The Magistrate: Was the opium you saw at the Police Station like the opium you yourself found on the sampan?
Mr. Loam complaining that the prosecution should not have started the Case when they know or ought to have known the informer's evidence.
The Magistrate: Well, Inspector Spear, you are in charge.
refers to me. Sub-Inspector Spear: Mr. Lo evident
Mr. Lo: Yes, I must, because you are in charge.
Sub-Inspector Spear:
I have never
scen or interrogated one of these wit nesses. I have a master and I had to do as I am told. Inspector Angus directed me to take charge of the case.
The Magistrate: I am afraid elucida tion is not so easy for the police as Mr. Le seems to think. It is extremely difficult for them, even, to get to tho bottom of a story. In my experience it is very difficult
Mr. Lo I don't suggest that Inspec tor Spear will come here and tell lies; E am not complaining against him individ
ally. I am complaining of the adminis- tration of justice. If the man in charge had had, in the first instance, a draft of what the informer would say and what. the Indian constables would say the pro secation would never have been brought.
The Magistrate: I have not, beard enough to say whether the Indians may
It does not follow that the evidence of have told the truth or not. On the evi dence before me there are inconsistencies. the informer can be accepted; the evi dence of informers is not easy to dea!
with.
BI. Lo indicated that he was prepared. to go on with the case and sift the evi- dence further, but he understood "that. the prosecution was not prepared to go on. Therefore, he had no option in the matter.
Mr. Smith said he based his case on the fact that the opium was found on a sapan which was lied alongside the motor launch. If that was constructive Jaunch he would go on with the case on possession by the people on the motor that ground.
The Magistrate: But the Indians have said the opium was on the motor launch.
Mr. Smith: Yes. That entirely vit- ates the case.
OPIUM ON A SHIP.
-FINE.
His Hocour said it occurred to him that the framers of the Ordinance might have intended the defendant to be a tenant in actual occupation only as be- tween himself and the "head tenant."?..... Mr. SAVEEN added that sport was Mr. Turner 'said that, in construing the rather important in view of the desire intention of the Ordinance, attention
The Magistrate: I am afraid I have of the Prines to get some polo. He had must be paid to conditions prevailing in
too long experience to be a much put down Brigadier-General Macnaghten the Colony at the time it was passed. Witness: It was the same two bags. astonished as Mr. Lo. If we could only and Mr. Birkett. He would make in He contended that the intention of the
At this stage, Mr. Smith intervened to get evidence which could be relied upon quiries as to whether the Navy and Army Ordinance clearly was to protect the withdraw the case. He remarked that it as trath, it would make things" much wished to be represented on the Com- occupiers of cubicles. Otherwise the
was no offence for a motor launch to be easier here. I don't know if anyone has mittee. It was desired that the Chinese landlord only had to conspire with the tied to a sampan containing opium, This heard the informer's evidence before. community should be represented and in" head tenant" in order to turn out 50 witness was apparently telling the truth. Mr. Smith said he had not heard any dratting the programme there might be people from one house. It was never the It was quite clear what the motor boat, of the witnesses before they came into some important arrangenfcats in connec intention of the Governor in Council to was doing, but a suspicion was not proof. Court. tion with outdoor celebrations. His have a clause passed which would aega. The opium was not found on the motor Mr. Magistrate told Mr. Smith that he Excellency suggested that all the Chinese tive the whole idea of the Ordinance and boat, as the Indian constables had said, need not let Mr. Lo's indignation deter Justices of the Foace should, be on the he maintained that a tenant and a sub and he did not think it was worth while him from continuing the case if he felt Committee. Of the Indian community it tenant were both persons in actual going on with the case.. 7:
inclined to do so. was suggested there should be one repre- occupation. Mr. Turner referred His Mr. Lo: If that is so, I hope that Mr. Smith replied that he felt equally sentative of each branch" and the names Honour to the case of Hilton . Heale my virtuous indignation" will be "indignant," as to the motor boat drift. proposed were Mr. Bishen Singh, but remarked that there was an import-shared, not only by the Bench, but by ing against wind and tide into the bay, H. M. E. Nemazee, Mr. S. D. Mchal, ant difference between the facts in that Mr. Smith. It is high time that the ad but he did not think the case could be Mr. F. F. Talati, and Mr. U. Humjahn.instance and in the present one. In ministration of justice in this Court was, brought to a successful conclusion. The names of representatives of the Hilton. Heale the "head tenant" had not polluted, consciously or unconscious.
The defendants were then discharged. Portuguese community were also desired. sub-let his premises after the notice toy, by bringing absolute liars into Court The Hon. Mr. Poitoux suggested that quit was given, but in the present case to convict people. I don't want to make there should be one representative of the sub-tenant was in possession for some unpleasant suggestions, but it was up to cach European-newspaper in the Colonytime before the notice was given the police to find out their case from and that Mr. Silva Netto and Mr. J. P. Mr. Nash urged that it was unneces the informer. They have no business to APPLICATION FOR REDUCTION OF Braga be appointed to represent the sary to examine existing conditions detain these men for a week knowing ther Portuguese community.
where the wording of the Ordinance will not be able to prove their case. Brigadier-General MADNAGRIEN: Could made it quite clear that tempat in The Magistrate: Who knew? Do you At the Magistracy, yesterday, Mr. the British Legion have a representative actual occupation" meant the immediate suggest Mr. Smith knew? on the committee "
tenant of the landlord.
Mr. Lo: It is up to the police to find Yvanovich, of Messrs. P. A. Lapicque & The GOVERNOR: Who would you sugHis Honour remarked that it was an out. Mr. Smith is & person for whom I Company, applied to Mr. G. N. Orgie for interesting point and he had been won-entertain such high regard that I wealda reduction in the fins in the case in Brigadier-General MANAGHTEN I Bug dering for some time when it would crop not think of making any imputations which the company was fined $2,000 for gest Colonel Bird.
ere up. Now that it had come up he would: against him. I am asking your Worship having allowed the ss Hanei to be used The Hon. Mr. S. B. C. Ross said there very carefully consider the case quoted to bear me out in saying this, that the for the transportation of 1,030 tacis of
raw and 488) taels was some doubt in the minds of his by Mr. Turner and give his decision police must have known-if they did not Government opium of prepared, non- friends as to whether the committee was later.
they were guilty of gross dereliction" of The Magistrate: I suppose you could appointed. merely for the purpose of
duty. When they opened the case they not get hold of all the members of the drawing up a programme or to be a
should have been in a position to indi- crew? reception committee that would actually
The Hon. Sir Paul Chater indicated cate that a conflict of evidence would be Mz. Yvanovitch: No, some of them meet the Prince when he arrived in the his acceptance, t
brought out. Instead of that they have have left the ship and cannot be found. Colony,
HE THE GOVERNOR then put it to the to confess at this stage that the police Therefore we have no option but to The Governor said that the idea was meeting that the additional names pro-witnesses have not been telling the truth, abide by your Worship's decision and pay that the Committee should take charge posed be added and this was agreed to, The police representing the Crown-the the fine, but we think it rather high, of the arrangements and appoint a small bat His Excellency remarked that pos fountain of justice should have got this The Magistrate remarked, that the Com- executive committee. The first step was to draw up the programme and the bly the Press would agree that one or information from the informer at the pany would profit by a little more super-
two representatives would be suficient outset. Mr. Smith has just whispered to vision of the Chinese crew. second was to carry it out."
from the newspapers. He would adjourn me that the evidence of the informer came Mr. Yvanovich replied that":unfor The COLONIAL SECRETARY: There is the meeting and leave the committee into him as nd absolute surprise but the tunately they could not do inors. long period between now, when we draw the capable hands of Sir Paul Chater.police should have known it long ago. Chief Preventive Officer Watt said that up the draft programme, and the time
The COLONIAL SECRETARY said he hoped: 1 protest against this pollution of the the fire was not high in view of the fact when we carry it out next year. There members of the Committee would come administration of justice. It is doing that this was the biggest case the authori will no doubt be changes in the per- to-morrow with suggestions. The main the fair name of British justice a great ties had vet bad. In the case of the sonnel, but we shall have to get suitable outline only was required at the moment; deaf of harm. I ask you to fine the Kochou, the owners were fined $2,000 for persons, to carry out the arrangements. There were many details which could not: Indian constables for perjury,
425 taels of prepared and 588- Lards of just as we did for the Peace celebration be telegraphed b
Mr. Orme: I have no idea which is raw opium The Chungon was fined propose that the whole committee ap In closing the meeting H.E. the right-the informer, or the Indians All $3,000, which was reduced to $2,000, for pointed now come here to-morrow at Governor uttered a word of caution that I can say in, there is a discrepanty, I carrying 199 tacls prepared and 450 train noon to draw up i programme.. The the Prince would no doubt have a good am constantly in this unfortunate posi- The Mag-trate And the Henes in a Governor would like Sir Paul Chater many calls upon him during his tour and tion in which, owing to conflict of, evi-
larger ship-Yes to be Chairman of the committes if he it was desirable, not to make the pro- dence, I have no ides, what are the facts. will accept that position (Applause) gramme too heavy,
MoYou expressed dispproval and Mr. Rice will act as Secretary
of the first wituras a. dowenbour, at the (Continued at foot of next column:)
laar bearing?
gest!
The Committee meets, accordingly," at the City Hall at noon to-day.
The Magistrate told Mr Yvanovich that in the circumstances he could not wan his way to reduce the Ane. The decision muat stand
DURING
THE
WINTER
SEASON
PEPPERMINTS
PEPPERMINT ORKAMS
MARZIPANŢ MARZIPAN DATES --PRALINES
CARNIVAL BON BONS TURKISH DELIGHT
FRUIT QUM PASTILLED A
CLARNICO TOFFEES MINT HUMBUGS"
འ་
CREME do MENTHE CREAM CARAMELS
--BUGARED ALMONDS
MIXED FRUIT DROPS
ACID TABLETS
BARLEY SUGAR
etc, etc.
WE STOCK A LARGE SELECTION OF
SWEETS
FONDANTS AND BON BONS.
NEW
STOCKS
INCLUDE
PRICE FROM $1.00 per lb.
Lane,
Established
1850
Crawford & Co.
MANDER BROTHERS
Telephone
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OLSINA
le dernier mot
WATER
PAINTS
Particulars and shade books on application.
BOLE AGENTS:
LANE, CRAWFORD & CO.
Tal. 1741.
COLUMBIA
HONGKONG,
RECORDS
CHU-CHIN-CHOW"
SELECTION
CHU-CHIN-CHOW"
VOCAL GEMS
THE BING BOYS ARE HERE
ETC.
AT
ANDERSON'S
Powell
TELEPHONE 3146
We have one of the largest stooks of Gentlemen's English, and American Boots and Shoes in the Colony and" at very reasonable prices.
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