LEGISLATIVE COUNCIL G
Hon. Mr. W. Rees Davies (Attorney.
THE HONGKONG TELEGRAPH SATURDAY FEBRUARY 27 1909.
The Peak Murder
JURY'S VERDICT QUASHED. PRISONERS DISCHARGED AND RE-ARRESTED, Bugune The important point of law raised by Coon sel for the defence at the conclusion of the Peak murder trial, in which two coolies were found guilty by a jury of the manslaughter of shopkeeper's joki named Ku Jung (the third by the Chief Justice and are justice Gompenz, prisoner having been discharged) was decided. at the Supreme Court, last Thursday afteroon. It will be remembered by those readers who had followed the case closely that sopp after the jury's verdict had been recorded the point was raised, that as the evidence taken during the trial was not translated from
inte interpreter of the Court is difactive; in this respect, but it has been somewhat amended and explained.MY ANGRENSTAN SAMrALAGA Calibrop appeared for the two prisoners, instructed by Mr. R. D. Atkinson of Messrs. Deacon, Looker and Deacon) white altaw Rees Davies, R.C(Attorney-General) with whom was Mr. F. B. Lr Bowley, of the Crown Solicitor's Office, represented the Crown.
EXTRA-TERRITORIALITF.
Mongkoktsui Typhoon Shelter.
ENGINEERING EXPERTS IN
CONFERENCEFARMA
ORIGINAL SCHEME, KAUNID"
*The following report on the proposed boat- shalter at Mongkoksul hy, Mr. J. F. Boulton was laid on the table at the Legislative Council meeting last Thursday afternoon :
solutely usióniiat, and that bo cheaper type of breakwater could be devised, it became necks. sary to reduce the cost of the scheme by curtail- ing the length of the breakwater, and the area. of the shalter Aca
Accordingly the consulting collaboration with myself; prepared a plan of a smaller schema, which wardonkly, ašlímáted could be carried out for the amount, estimate." The" niteration consists of the southern entrance 800 feet northwa shortening the breakwater, which 'ls curved in to suit the naw position of that untrance. Otherwise, the scheme remains as before. "The caving: resulting from the shortening of the "breakwater will be about equal to the cost of the additional works at the entrances, includ- ing the reclamationA TELANDREAS COME
would bare enclosed original scheme The
by those momber: who opposed the road ing of the Bill os account of the clause" A meeting of the Legislative Council to which the senior unofficial member da was, held in the Council Chamber last Thura- called attention. The petition puts forward day Present: His Excellency the Governo new arguments but reiterates those which nor, Sir Frederick Lugard, x.c... H.E. have already been debated here and I there Major-General Broadwood, C., Hon. Mr. fore see no reason to change the opinion to which this Council has committed itself on the wished that we should promote the hearty and willing co-operation with the Chinese instead of compulsion by law. They urge that process of education should be instituted and process which we propose to adopt and towards which of persuasion. That proceun, gentlemen, le god we have already taken many steps. I hope that no other process need ever be required to be taken, but i do consider that if Government takes up an important question of this kind and issues circulars and instructs, lecturers and pests notices and takes other means of education that it is more likely its object will be the Cantobuse into the Hok-lu dialect for the Isident, nor having a place of business in the reference to the proposed shelter at Mongkok Engineers,"165 acres of that area would have" The Colonial Secretary laid on the table the people that it is within'its power to enforce in admissible,' and therefore the conviction must. Tustics was bi opinion that the Court had juris, to obtain an expression of opinion upon the modified will anclósn'a fótal area of 159;Acres: are required in the future to be in a lengthy judgment delivered by both Fdiction to entertain the' patition, and granted suitability of the proposed shelter and the sul- and according to the'samo standard; 140' scros
FIL May, C.M., (Colonial second reading. The petitioners say that. I Hen, dr. A. M. Thomson (Colonial Treasurer) Hon. Mr. W. Chatham, C.M.G. (Director of Public Works), Hon. Mr. F. J. Hadeley, (Cap- tain Superintendent of Police), Hon. Mr. E. A. Irving Registrar General War Dress Hooks C.M.G, Hon. Mr. Wei Yuk, .C.M.a., Mr. H. E. Pollack, K.C., Hon. Mr. W. J. Gres son, Hon. Mr. E. A Hewett, Hon, Mr. H. A.W. Slade, and Mr. A. G. M. Fisicher (Clark of Councils).
MINUTES. ...The minutes of the last meeting were rend and confirmed. vett.
· FINANCE. ON
report of the Finance Committee (No. 21).
following papers:-
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*
PAPERS... The Colonial Secretary, by command of His Excellency the Governor, laid on the table the Correspondence relating to the transfer to the Government of the Widows and Orphans Pension Fund (Sessionat Paper No. 19 af
1908.)
Report on the proposed Boat-shelter at Mongkokisui by J. F. Boulton. (Sessional Paper 1 of 1969) "
**With regard to the latter, the Colonal Secret-` ary stated that as now proposed iba boat shelter would entail some additional expense, and in order to keep the expenditure within the estimates the boat shelter had been slightly reduced in arcs,
FINANCIAL MINUTE.
"The Colonial Secretary—laid on the table
·Financial Minutes Nos. 1 to 9. It was agreed that they be referred to the Finance Committee: THE WIDOWS' AND ORPHANS' FENSION 'FUND, The Colonial Secretary moved the following resolution!
"Resolved that the valuation of the assets and liabilities of the Widows and Orphans Pension Fund contemplated under Section 18 of the Widows' and Orphans' Pension Ordia- ance 1908, shall be made at the rate of te, tod, to the dollar."
in doing, he said; it will be within the recollection of hon, members that when the Widows And Orphans'. Pension Ordio ance was under consideration by this Council at the end of last year contain correspond. ence was laid on the table including a despatch from the Secretary of State dated 28th December, 1907. The last paragraph of that despatch says: "It is desirable, that a valuation should be made in order that the surplus, if any, disclosed by it may be disiri byled among the beneficiaries of the Fund in the shape of increases to the pensions. For this purpose an, arbitrary, rate of exchange Kust ba assumed for this purposes of valuation. The exchange value of the dollar has recently fallen from about 2, 37, to below 1/10. As the value of the sterling liabilities must be greater then the value of the future sterling contribu- tions, the higher the sterling value assumed for the dollar the more favourable to the Fund will be the results of the valuation, and 'I should be prepared to allow the valuation to be carried out at a rate, not exceeding 24, 3d, which you and the Legislative Council may consider fair and reasonable." It was found that the average rate of exchange from the years 1897 to 1987 foclusive is just a fraction over 1/10, it is therefore considered that to be a fair and reasonable rate to take and accordingly I beg to move the resolutiod standing in my name.
The Colonial Treasurer seconded. The motion was unanimously adopted,” -
CAPBUIMUN PASS LIGHT,
Mr. H. E.. Pollock, K,C., asked the following question:
Will the Government, state what Would bà approximately the cost of putting up a fixed light to indicate the South-eastern entrance to the Capsuimun Pass?
The Colonial Secretary: I may late that the cost of a light similar to that on Mawao. Island would cost $yco,
SYMPATHY WITH FAL, CHINESE
- GOVERNMENTA His Excellency the Governush 11 will be within the recollection of the Council that some time ago we passed a resolution of condolence with the Chinese Government on the deaths of the Queen-Empress and the Emperor of China. I have received through our Minister at Peking the very cordial thanks of the Chinese Goverd- ment for the sympathy of this Covacil for the loss which they suffered by the death of the Dowager Empress and the Emperor, I can- not read the words of the reply as the paper has been mislaid, but the general purport of it was an i·baye said.
THE MERCHANT SHIPPING ORDINANCE, The Attorney-General moved the first read. ing of a Bill öntitled An Ordinance further to amend The Merchant Shipping Ordinance, 1899.
The Colonial Secretary seconded. Agreed,
The object of this Ordinance is to bring the law of this Colony relating to merchant ship ping into line with the law of England by in corporating in the Merchant Shipping Ordin ance, 1899, certain provisions of the Merchant Shipping Act, igos, especially thosa.extending to. foreign ships the duties and liabilities at present imposed on British shipping to respect of deck and phd line and of life-saving ap pliances on is also made for the survey of motordals Bot licensed under the principal Ordinance.
HUNGHOM BAY RECLAMATION,
The Attorney-General moved the first read ing of a Bill entitled An Ordinance to autbarise for public purposes the Reclamation of Curtain portions of the Crown foreshore and sea bed situate in Hunghom Bay, in the Colony of "Hongkong and to, validate such reclamation
as has heretofore taken place,
Hunghom Bay has been in part reclaimed for the purpose of the Government railway and It is deemed desirable to validate by legislation the work already done and to authorise farther reclamation. The Bill so provides. The Colonial Sacretary seconded Agreed.
THE MAGIĘTRATES ORDINANCE, The Attorney-General-moved the third read. ing of the Bill catitled An Ordinance to amend The Magistrates Ordinance 1890 and to affect certain other amendments in the Crimical Law.
The Colonial Secretary seconded.
tiona
I have assured the patitioners that if regula framed they will be framed with care, and moderation, that every effort will be made to avoid these risks which they fear, such as arbitrary arrest or undue interference with the individual, and 1. hope that those methods of education and co-operation to which we are now devoting ourselves will be effective with out having recourse to putting into operation the clause to which the senior unofficial mein- ber bas recorded his dissent.
Dr. Ho Kai: demand's division, The vote rasulted:
Ayes: Mours. Hewett, Irving, Chatham, Thomson, Rees Davies, May and General Broadwood-7.
be quasbad
indges this point way upheld, and the prisoners. were discharged. Immediainly the another indictment against the ten, charging was announced the Attorney-General preferred them again with murder.
To this procedure, Counsel for the defence objected. He said he did not understand how they could charge men twice for the same
offence.
The Attorney-General said that bis friend could enter want objections he wanted when he appeared to defend the prisoner again..
Compeel for the defence retaliated with don't suppose ! shail.
This ended the proceedings and the prisoners
IMPORTANT DECISION OF THE FULL COURT,
«The appeal from the Chief Justice's recent decision on the question of domicile was dis. missed with costs last Thursday. The point to be decided was whether a man, not being to
kong. In his former judgment the Chief
could be adjudged
tion appealed against the decision, and the Mr. Justice Gomperis, diamlead the appeal, Fall Court, comprising the Chief Justice and as already stated above. Pas In the course of his judgment the Chief Justice sald-I have given my best considera tion to Sir Henry Berkeley's careful and concise little argument on a point which spems still open to argument on my judgment from which be appealed, but I think the conclusion of fact at which I arrived was warranted, and that having specially in view the aspect of the bank ruptcy Inrisdiction which I endeavoured to conclusion of fact was sound. Before giving elucidate, the conclusion of law based on the
Public Works Office,
Hongkong, 1st February, 1909, Sir, beg to submit the following report on my recent conference with Messra Coodo, Son and Matthews, the consulting englueers, with
typhoons. The object of the conference was
a total ares of 194 acres of water and accord
ing to the standard adópted by the Consulting)
and additional works." The scheme as now
acres.
degree, benef
sheltered to a much higher
in deciding which of the two schemaz re- commended by the Consulting Se should be adopted, it would appear that coly two matters require to be particularly cou sidered, sir, the areas and costa, of the schemes. In other respects the two schemer are equall clad come as CREATE
ficiency of the proposed breakwaters to proof that area will be effectively sheltered in To enable the consulting engineers to pro- putting forward the larger scheme originall the following materials and data:-Charts of bounce upon the subject, i supplied them with with the wider entrances, I stated (that (266 Hongkong harbour and surroundings, showing the relative positions of the anchorages and of the proposed shelter the depth of the water in and adjoining the shelter; the maximum exposure which the breakwates would have to face; and the positions of various sea walls which withstood the typhoon of 18th Sept 1906, and of others which were damaged or demolished by that typhoon. Detail drawings of the sea walls referred to. Diagrams showing the daily direction, force and prepared from Kowloon Observatory records
The larger scheme was designed to Include the greatest area of water which, having regard advantageously included. This area is much merely to the possibilities of the site, couldībe
probably not be fully utilized for a great many years to come.Mopport
Wai Yuk, and Dr. Ho Kai-s
Noes-Messrs. Slade, Grasson, Pollock were released, only to be re-arrestad as t293-4 judgment a few days ago, however, the atteo duration of the wind during a series of years. in, excess of prasent requirements, and would.
The motion was accordingly declared car ried and the Bill was read a third time and passed.
The statement of objects and reasons for the Bill Yeades-
This Bill proposes to effect certain amend theats in the Magistrates Urdinauce 1890 and in the Criminal Law of the Colony
Section 3. This amandment empowers a Magistrate to order imprisonment in default of finding security for good behaviour. The power already exists in section 50 of the same Ordinance in the case of a person failing to enter into a recognizance with sureties to keep
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the This section extends the power of
Section 4 imposing whipping in the case of a youth under sixteen.
Section 10. Chinese District Watchmen are not. In the view of the Magiering of rust "Fublic servants" within the mohning of the Misdemeanours Punishment Ordinance 1898 and consequently not amenable to bribery under that Ordinance. The clause places, them within such category.
Section It. This affords Forest Officer " similar protection to that granted to Police constables.
JURY LIST.
The Jury List was considered by the Council
with closed doors.
ADJOURNMENT.
were about to enter the street, W.
The consulting engineers were of oplaion that, as typhoons mostly begin, from the north east, the position of the shellst, being under the teh of the shore, was well chosen from the point of view of accessibility.
improved.
But they were of opinion that, unless the widths of the entrances were contracted, the aren effectively sheltered: by the breakwater would be much and unnecessarily reduced.
The consulting engineers approved of these suggestions and recommended that the widths of the entrances should be reduced according lythe norther entrance from 950 feet to 300 feet, and the southern one from 840 feet to 390 fest. They considered that these widths would be quite sufficient for the trafic, and for the promotion of such a circulation of water within the sheltered area as would prevent stagnation and the serious deposit of sill. These opinions were based on the Information which I was able to give regarding the nature of the traffic, and the strength and directios of the tidal
The area of the smaller scheme is more than PRESEN sufficient for the accommodation of the present number of small craft, and provides a reason able margin for a future increase in the
aumber,
With regard to the matter of cost, the smaller scheme has the advantage of being some $273,030 cheaper than the other,
I may here.point out that owing to the natural configuration of the site, the cost of the Boat-Shelter could not be farther materialis reduced, without very materially reducing lu prea.
attach three suo-prints from drawings pres pated by the Consulting Engineers, showing plans of the alternative, schemes, and a cross section of the breakwater which is common to both have, etc.
J. F. BOULTON, Second Assistant Director of Public Works, The Honourable,
The Director of Public Works.
DISORDERLY SAILORS.
SENT TO PRISON FOR ASSAULTING POLICEMEN.
15th inst. Three sailors from H.M.S. Hawks cattend great uproar in' the Central district at about. twelve o'clock last night. It started firstly with the refusal to pay their ricksha hire and unded up with ill-using five police officers. The disturbance took all the form of a small riot,
To the Police Court, this forenoon, the trio-= 1. Sprellos, C. Atkins, and Patrick Flynn-- were charged with (1) refusing to pay ricks sha hire, (2) assaulting the richska pulfar, (3)?) disorderly behaviour in the charge room of the Central Police Station, and (4) assaulting two European and three Indian police officers.
The rickaba coolie stated that be was engage ed by the second defendant at eleven o'clock outside the Naval Canteen and drove him as faran Morray Barracks. He returned later... with his fare to the Canteen and the defendant. left the vehicle and refused to pay the fare, Instead witness was struck on the month, re- ceiving a cut lip. Witness called a policeman and the defendant was arrested, unde
Asked as to whether he had agy questions? to ask the witness, the second defendant 're- plied-"It's no good. He is ignorant of the caso."
His Lordship in deliaving his decision said tion of the Court was drawn to Ordinance, 6 of Tabular statements showing the behaviour of la pari-As the precedure under section 78 190z, which apparently had been overlooked by the wind during a number of severe typhoons, of No. 9 of 1899 which provided what in the all of us. Our attention was properly drawn to
as registered at the Kowicos Observatory. In Court of Crown cases reserved for the Colony it because the Court is bound to take official formation concerning the character of the sea does not require a case to be stated, it is cognizance of the law of the Colony, and
as developed by a typhoon ; and concernlag necessary for me to state the circumstances in solicitors being officer of the Court, ard the character of the small craft which the shel which the question which has been reserved" bound to assist the Court in the periarter is designed to protect. Particulars about for the opinion of the Court arose. Three ance of this duty, which, in the case of a the levels and mature of the hard bottom and men, Kwok Leung, Li shek Shun and Hung Colonial Statute book, is often 's difficult one. averlying deposit on the site of the breakwater. Loi were charged with the murder of Xu Tung We therefore deferred our judgment in order A detail cross section of the proposed break
'hey were Hoklo men. Some of the evidence to see whether this Ordinance has any bearing water, and a specification of the same. A for the Crown was given in English, and some
on the question before us so as to induce un ta schedule of prices of materials and labour, in Punti, The prisoners were defended by Mr. alter our judgment. It provides that the word Information about the location and character Calthrop, and at the conclusion of the case for debtor sancias secrise, section as was of the quarries tuting the breakwater, about the prosecution be called evidence, and he also ruptcy Ordinance as xevised, section 4 as it was'
drawn for constructing put the thres prisoners in the box. One of then, is included "a person who, though not local methods of work; etc., etc, etc
be English withnesses for the defence, Mr. himself personally within the Colony, carries Holsworthy, had given evidence to the effect on business by an agent within the Colony and that the Brat prisdner, Kwok Leung possesses assets therein, and there is a The object is to substitute whipping in cases
was his chair coolie. He said that when further expansion of the definition which other than those already authorised and so
he arrived at the Peak on the day of the 1 shall refer to presently. How if in this avoid imposing imprisonment where the age
murder by the 12.15 or 12.30 traco, he found case, the debtor, had still remained in.
They considered that the breakwater, either of the youth renders it undesirable.
Section . Having regard to section Eo of the
his chair waiting for him as he had ordered, Antiam, merely sending up his cinnamon to with regard to lis direction or the extent of the and there were only three chair coolies, among
the Kwang Mow in this Colony for sale, besheltering work contemplated, could not be Magistrates Ordinance 18go which empowers
them Kwok Lang. In cross-examination he would have come within the meaning of this fias to be imposed in indictable cases it bas
said that he asked why the four were got there, definition. A foritert he would have come. been suggested that the phraseology of the
and that No. 1. prisoner bad said there had within the bankruptcy jurisdiction when In- Stocks Punishment Limitation Ordinance 1887
been a fight, and that that was why the fourth stead of remaining in Anaam he comes him. is ambiguous. This amendment proposes to
coolie, No. 2 prisoner, was absent. When self to the Colony to take some part in the place the questica beyond doubt and it des
Kwok Leang was in the box he gave evidence transaction of his business. But I do not base
The obvious way of contracting the width of cribes by schedule, the offences which are
that there had been only three coolies at the my decision on that ground because I.believa
the northern entrance was to continue the exempted from the punishment of stocka.
Section 6. This section provides safeguards tram station. In cross-examination he said No. that consistently with the fundamental prin- breakwater norbward for some distance; but i z prisoner was the missing coolie. He then ciples of jurisdiction, as i have explained them, had to point out that, if that were done, the In the interests of a person ordered to pay com
wald in answer to a question put by the and consistently with the remarks 1 bate al-
contracted entrance would be blocked by the pensation bya Magistrate for malicious prosecu
Attorney-General that he did not tell his mas ready made, and must presently make, on the rocky thoal which projects southward from tion or false testimony and it makes alseter Ms. Holsworthy that there had been a 5ght, extra-territorial provisions of the colonial bank K.M.L32 (the Asiatic Petroleum Co.'s Oil provision for enforcing the order.
Other questions on this point were about to ruptcy law, this debtor' is properly subject to Works). The best way, therefore, and ultimate Section.7. Restricts boisy trades carried on by the lessees of Crown lands, it has been be put by the Attorney-General when occur that law. As I have endeavoured to explain ly the most economical way, of Darrowing the red to me that Mr. Holsworthy's evidence it, I have. not held that he is clearly withip
entrance would be to adbare to the position found that such a nuisance in certain places had not been translated to the prisoners, and fit, but having given the matter very careful originally chosen for the north head of the is unchecked and power of forfeiture contained
intimated that in the circumstances, i did not consideration, I use the word "properly ads breakwater, and extend the Oil Works point of in the Crown leases is deemed insufficient to
think that the point ought to be pressed, to visadly. This really disposes of the case be
land southward, by reclaiming the rocky shoal, stop it,
Section 8. Authorises the Governoria which, tbs Attorney-General assented. The fore us, but the question I have now in my reckoned that the saleable value of the area Council to make regulations in the interest of fury acquitted No. 1, but found the second and mind is whether, this Ordinance & of 1901, reclaimed would go a long way towards de sanitation and cleanliness prohibiting spitting third prisoners guilty of manslaughter. Before having been referred to, fought not to go fraying the cost of carrying out the reclamation. sentence-Mr. Calthrop intimated that some of further, and express my opinion in it and upon The southern entrance could easily be mar- io public places.
Section 9. The term "street" in the Gam- the evidence, either English or Ponti, had not, the larger question which is involved in it.rowed by curving in the south end of the bling Ordinance 18g is extended so as to been translated to the prisoners, and moved that This Ordinance is most frackly extra-territorial, breakwater sharply towards the shore; but I anggested that it would be preferable to other open space. include a wharf, pier, park, recreation ground or the question be reserved for the Full Court, and therefore it has become necessary to con
question of law whather the conviction aught sider the question definitely, I am glad I have adhere to the original plan entirely, as far as not to be quashed on the ground that the evid doon so because the conclusion which I have the breakwater was concerned, and narrow the enco ought to have been translated, and this is come in a surprise to myself, and has apsot southern entrance by building out a jetty from the paint on which we are now called upon my own preconceived notions on this important the shore, in line with Sixth Street. The jetty deal at once with the question of materiality in the first place criticité Ordinances of 1901 and the reduced entrance would occupy a the give our decision. It is advisable to question of colonial constitutional law, I must
would be very useful as a public landing place,
translated. If Ne. I prisoner had beep Continuing, bis Lordship said it included a do without having to bug the shore.. of the evidence acipally admitted but un. as a most unsatisfactory piece of draftmanship. position where vessels could easily make it found guilty, undoubtedly the fact that finition of debtor' which already included two the
Evidence of a similar character was given had told this untruth with regard to No. definitions as conditions preliminary a prisoner would have influenced the jury presentation of a bankruptcy petition. The
against the other we defendants. Policeman and I should have found it extremely diffi cisuse not having been repealed there were
Eldridge stated that shortly after midnight, cult got to quash the convictide. We have therefore two redundant provisions and he was
while on duty on Murray Plar, bo saw the da not, however, to consider whether any part of not quite sure that that might not cause some
fendants with the ricksha coolies and thres the evidence which was optranslated was confusion. Proceeding, his Lordship said
Indian policemen near them. Witness weat material, and so 'contributed to the conviction The principle that's Colonial Legislature cas
up and asked one of the Indians what was the prox. The Council adjourned until Thursday, the of the other prisoners. Mr. Calihrop had baly legislate territorially is, is the case of a
matter. The reply he got was that the sallons taken the broad ground that none of the evi Crown Colony limited therefore to this, that
had not paid their fores. The second defend- dence of the Crown was translated and as they if it is passed in the absence of special in
ant replied that he had paid the coolies off ware convicted none of it must have been stractions from Home, it the, daty of the
with a shilling. Witness said-If a you material.
He raises therefore the abstract Attorney-General to call the attention of the
way you have paid them a shilling will question whether a conviction cao stand whee Colonial Office to the point in his explanatory
search them, and if I find the shilling it the prisoners have no knowledge of the evi: report, and the Secretary of State as the con With reference to the form of the breakshows that you did pay them. The second dence given against them. He called it institutional adviser of the Sovereign will advise
water: While approving of the general
defondant answered :: “You need not go admissible evidence, and strictly, this is the the King whether to disallow the Ordinance or character of the original design, the consulting 10 all that trouble. Tell those black—to right term to use though it is not its ordinary not. I am bound to assume, although I comongiucers were of opinion that certain altera get away* Contioning, wifnaus sald that use. There is a recent case, R. v. Hadwin sider the Ordinance 6 of 1992 to be defective lations which they considered of importance, the journey to the station was a very "die" where a conviction against several pri point of form and much in need of amendment should be made it the details. They recam orderly one. They refused to be searched, spaers was quashed on the ground that the
that the question has been duly considered, at "mended that the slopes should be flattened; saying that nobody but a warrant officer cauld not allowed to cross-cza home. For all these reasons I am of opinion that a wide berm of five-ton boulders should be do that" The prisoners were then ordered to others WCID mine ODG of them who went into the box, that all the extra-territoriality provisions of the substituted for the ramp of ton-ton concrete the cells. While taking the first defendant Evidence given without cross-examination is, bankruptcy law of the Colony including No. 6 blocks, and that the upper portion of the outer thither, the third man strack limass on the strictly speaking, inadmissible evidence, and of 1902 are intro vires.
slope, which was originally intended to be face. When he had locked his man up, the are three at least a priori reasons in favour of scientifically the term is tightly used. Thera
covered with concrete in mass, faced with granite latter, through the bars, saired hold of witneer's Mr. Caltrop's contention. First, the prisoner
pitching set in cement mortar, should simply tunic, and he had to use his baton, before he be covered with pitching consisting of two-ton was released. is always entitled to make a statement, even
concrete blocks sot dry. The inner slope should when he is defended by Counsel; therefore, ho
be covered with dry stono pitching, in accordance must know what the evidence against him is
with the original design; and the sizes and disti Secondly, now that the prisoner may give
bution of the materials in the rubble mound evidence, it is more than ever material that he
should, in the maln; be in accordance with that should know the evidence against him in or.
"design"", der that he may meel it, and, as we do not An inquiry was held at the Magistracy last
The consulting engineers entirely concurred assume the prisoner guilty until he is so found Tuesday afternoon into the circumstances sur in belloving it to be decessary that a trench if he does not know it, the truth may be rounding the death of William Tyrrell, of the should be dredged in the mud, for the purpose evidence for the Crown which he could easily floating in the barbour on the gth last. Mr. tions, as the rubble ir deposited. kept back. There may be some part of the Naval Yard Police, whose body was fourd reducing the lateral spreading of the founda: rebut had he known it. If he does not | J. H. Kemp acted as Coroner, while the fol- Having regard to the nature of the bottom know it he cannot do so. Thirdly, if he lowing jury war empanelled:Messrs. J. on which the breakwater bas to be constructed, does not hear what the witnesses are say. Manners, T. Neness, stationed at the Royal materials available, the consulting engineers and the character of the local labour and ig. be caupot assist his counsel in cross- Staff-surgeon Baisu,
I only cost à dollar i; he said, “so boot examining them. I confess, that without lookNavy Hospital, stated that he examined, the had no doubt that a rubble monod structure. ing at the authorities the question presents go dead body of the deceased on the 9th inst. It such as I proposed, was the proper and most them. This the second defendant proceeded to carry out, and the two others, breaking away difficulties, where the prisoner is not defended was later on Identified by Sergeant Taylor and sultable on to adopt. It is true that during by counsel, and the real difficulty arises from P.-C. Higgins, both of the Naval Yard. Po the construction of such breakwater its from the Indians, went to their chum'? Aren But the a prior arguments seem to me very of violence were found on the body. The body from the fact that in this case they were defended lice, as that of P. O Tyrrell No marks unfinished parts would be liable to damage ADC. Withers was kicked on the shoulder sed typhoons; but this unavoidable was struck op the left eye. All the officers sirdag, and the first applies whether there is was in a state of decomposition; so much so, disadvantage would be more than compensated who had any part in the affair, bore marks of Counsel or not. The third is specially coa that a post-mortem: examination would have by the economy and convenience resulting violence One Indian especially had Plo cerned with the fact that there in a Counsel, beat of no use. No marks of violence were from the adoption of a form of structure large teeth to his moy
his mouth unloosened, the result of a ly independent of skilled labour, and for which The second may in some measure be answered found on the body. The appearance of the by the fact that the depositions taken before" "body was consistent with the fact that' death
but comparatively little special plant and up.
The defendants, who appeared to treat the the magistrats have already heen transisted to was due to drowning.heat she'd pliances would be required. The section re- whole matter as a'hoge joke, refused to make the prisoner, and therefore be his notice of Sergeant Thompson, of the Naval Yard Po commended would also admit of the condy statement to clear, or attempt to clears themselves of the charges. They leaned about what is going to be said in the box at lice, said that on the 31st January, he saw the venient rectification of such settlements of the the trial. But this is not conclusive be deceased at 8 p.m. He saw bios again work' as would inevitably occur during con- the place, paying heed to nothing," and "on ordered stand ach me he made cross-santements couple of hours later. The last time be struction, and for some time after completion. several occasions had to be chdared to which may be in cross-examination, saw him, was at eleven o'clock. On each of
The complete scheme for the boat-sheller His Worship, on the first The quashing of this conviction is regrettable those occasions, deceased was perfectly ober, as modified by the consulting engineers, was them to pay fine of Sacchange, pndered in itself it is more so from the fact that this is Shortly afterwards, deceased was found to be naiimaled to cost roughly $273,000 in exc nor the first time this question has been raised. missing and an Indian policeman was sent in cers of the estimate for the original scheme. compensation to the coolie on the cond The Attorney-General referred to the custom of search of him but this resulted in nothing. The excess was due to the additional works count the second defendant WAY tals Court, which has been, he said, lovariably Witness did not know why deceased should which were recommanded to be carried out at Pay $5 and one dollar compensation the third never to translate the evidence when prisoners have committed suicide. Ha had no ill-festing the entrances, the cast of the breakwater as charge was dismissed, and on the last change critom seems to be the fact, for as the first dangerous places through w are represented by Counsel. That it was the against him. There might have been some modified being stimated to be practically equal by were all sentenced to fourises
which deceased to the same as designated. But as ffin Excel- labour without the option murder case I tried in this Colony I drew attens might have dropped, det bygdelency the Governor had Jald is down that no o ilon to it, and directed the evidence to be by The jurydikout retiring, matarnade the scheme could be accepted which would excted Six bosimao, who translated, and I seem by relerting to my notes verdict that dasth was due to drowning. There in cost the amount of my estimate, namely, Coort,, lart to bave done so a second time at the most was no evidence to show as to how deceased: 51,540,000, and as the consulting engineers | thirty yards Assim, I think the statement' muda: by the got into the water,
considered that the additional works were abe, supposed to
FINANCE COMMITTEE.
A meeting of the Finance Committee was held immediately after the meeting of Council, the Colonial Secretary presiding. It was agreed to recommend, that the following votes be adopted by the Council:-
་
OVERTIME ALLOWANCE,
A sum of four hundred and fifty dollars in aid of the vite, Harbour Master's Department, B-Mercantile Marine Office, personal emolo ments, overtime allowance.
LANGUAGE ALLOWANCE,
ald of the vote, Police and Prison Department, A sum of one hundred and eighty dollars in Police, other charges, language study allowance (Punjabi) to probationer.
TAI-PO FISH POND.,
A sum of one thousand fiva hundred and forty-sight dollars and forty cesis in aid of the vote, Public Works Extraordinary, resuming and filling in fish pond at Tai-po.
**SCHOOL OF TROPICAL MEDICINE,
A sum of two thousand four hundred dollars grants in aid of scientific institutions, London is aid of the vole, miscellaneous services, School of Tropical Medicine, (200),
BUOYS.
A sum of six hundred and fifty-four dollars in aid of the vote, Harbour Master's Department, Harbour Office, special axpenditure, buoys.
AUDIT OFFICE.
".
A sum of one thousand and nicety-two other charges, share of Home expezdkare dollars in aid of the vote, Audit Department, (691),
STORM SIGNALLING,”;
A sum of ten dollars and forty-seven.conts ($10.47) la aid of the vote, Miscellaneous Ser. vices, telegraph services, contribution in con. nection with signalling mossngas, bic, to Observatory, (675).
WATER FOR TAI-PO,
IIANSARD, REPORTS."
A sum of one hundred and nighty dollars in Dr. Ho Kal: On account of section 8 of aid di the vote Public Work, Extraordinary, this Ordinances empowering the Governor-in-buildings, staff quarters, water service.
A sum of forty-seven dollars in ald of the vote, Colonial Secretary's Department and Legislature, other charges, Mansard reports,
The was all the business.
Council to make certain regulations for the regalation of spitting in certain public places I concelys it to be my duty to record my pro- tast against the third reading, and i consequent I wish a division to be taken. Mr. Wel Yak:. I concur.
His Excellancy the Governor 1 Since this Bill passed the second reading and was die cussed in Committee I havezeceived a petition from a number of, Chinese gentlemen, which it has been very largely signed, repostlug for the
• most part the arguments used in this Gouadi,
·
GOVERNMENT House, Sandakan, has now been completely demolished, with the excep. tion of the dining room wing, which is cant- pamtively now, and which will be built into the new house, mis on
Mr. Justice Gompert concurred.
NAVAL YARD POLICEMAN'S DEATH.
ACCIDENT IN THE HARBOUR.
currents.
of
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Police Sergeant Garrod said that and am. to-day the defendants were brought to the station. Three ricksha coolies preferred charges against them. Witgest reasoned with the men for's quarter of an hour bat still they would. not pay. The amount was only ten cents each, While one of the defendants was being searched the third defendant shouted Coat Don't let that search you. We won't allow it on board our ships Witness saw it was no good going on with the search and he ordered, the man to be taken to the cells, Witness closed with ibn first defendant and with the assistance of P.0. going on, the third defendant spoke agale 47, dragged him to the cell. While this was
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