THE CANTON MURDER.
Court Has Jurisdiction; Convic
flon Confirmed.
THE HONGKONG TELEGRAPH, MONDAY, DECEMBER 9, 1912.
In his opinion the conviction shall enjoy the King's protection must be confirmned.
and be subject to the King's The Puisne Judge in the justice. In his opinion the jaris- course of his judgment said that dietion of the court over the pris- the argument might be com-onar was fully established... This morning, at a sitting of the pendiously stated as follows:- Habeas Corpus Wanted. Fall Court, judgment was deliver-The xistence of a treaty or Mr. Jonkin said that he would ad by the Chief Justice, Mr. W. treaties with China is recognised apply to their Lordships for special Roon, Davies K.C., and the Paisne in the preamble to the order in leave to appeal under rules 1 and Jodge, Mr. Justice Gompertz, on council. But this court must be 2 of Appeals to Privy Council, in the points of law reserved for satisfied that there is still a treaty forma pauperis. consideration at the request of the in existence between the King and His Lordship said they would defence, at the trial of a private the Governmat of China confer- have to have to hear him upon of 126th Baluchistan named ring jurisdiction. There having that at some
other time; they Ibrahim for the murder of Saba- been recently revolution in were unable to do so at present dar Ali Shafa at Canton on Sep-China accompanied by a change Mr. Jenkin:Then I have a
of goverment the court has to a further application to make.
The Chief Justice-What is onquire whether treaties between the King and the Emperor of that? Chira are still recognised by the respective governments as in force and binding. The court
tember 4, 1012.
The Hon. Attorney General, Mr. J. A. S. Buakuill, instructed by the Crown Solicitor Mr. J. H. Kemp, appeared for the Crown, and Mr. F. C. Joakin, instructed by Mr. R. A. Harding, for the de- feure.
Three Points.
Mr. Jenkin For a writ of Habeas Corpus to be issued.
IMPERIO
DEL
MUNDO
CABINET."
THE FIVE FINEST BRANDS
OF
Counsel went on to point out Manila Cigars tastefully assorted
must be satisfied of the existence that their Lordships were really of the treaty." After dealing against him on his suggestion with some of the provisions of that the Order in Council was the treaty and the Order in ultra vires of the powers of the Council the judge went on to re-King. mark that they started then with a
18
Mr. Jenkin: The Order Council is ultra virus, Yes:
"The hoaring will be taken Monday.
in Box of 50 Cigars.
SUITABLE AS A PRESENT.
KRUSE & CO.
in
on
sent in a stinging shot but the
Float-Paymaster, Pearson,
Claxton, b Donnelly Rev. Hastings, e Hancook, b
Donnelly Mid. Smedley noë out Sub-. Lt. Buston e Stephen- son-pllia, b Donnelly... Mid. Phillips b Claxton
1
Extras
Total
Bowling.
Q. m.
11
0
13
0
8
15
105
W.
The time for the delivery of the judgment was fixed for 10 a.m., but there being a delay in sending the prisoner down, the court at
The Puisne Judge:-There is three-quarters of an hour late. prima facie caso that there was the other point "usage,
Dealing with this, the Chiefa treaty still still existing. Then The Chief Justico-Can you Justice remarked that the delay there was the evidence of Mr. point to any case where the pri was very unfortunats; the court Come who stated that he was soner has been convicted and had been kept waiting for three-the British Vice-Consul at Can-where points of law have been ro quarters of an hour. He did not ton and additional judge under served, where Habeas Corpus has know who was to blame, but he the China and Corca Orders in been granted? We can hear you as he could do to save. Later thought the Attorney General Council 1004-1010 and was in on both points; pot at the pressut Wilson dallied a little too long would agree with him that en charge of the British Consulate moment, and I draw your atten- and had the ball nipped from his quiries ought to be made. at Canton, Flo said that the tion especially to that and I shall toe by 'n forward who slipped up The Attorney-General said that Supreme Court exercised juris- be rather surprised if you can from behind. The Engineers a minute stating that the prisoner fliction over British subjects at quote a case. Do you suggest right wing raced away and a good would be required at the Court Canton in the Shameen. The that the terms of the Treaty centre was converted into a goal on Monday, was sent, from the powers woro extraterritorial are inconsistent with the Order by Pearson who headed through Crown Solicitor's office on Friday. under the China and Coroa Order in Council?
just before half time. Wilson in Council 1904 and were the
again favoured Benton who raced same as were exercisable through
on and alipped the ball inward. His Lerislip the Chief Justice out China by H. M. Supreme
Wilson passed to Pennell who said that three points wore raised Court. It was still in force; a by the defence (1) that the pri-court had cognisance under it soner was not a British subject of a murder charge. Then fur- within the meaning of the China ther the warrant which and Gorea Order in Council 19004, nader the hand and seal of Sir (2) that the Crown had not proved Havilland de Saumarez the judge the jurisdiction of the court to of H. B. M. Supreme Court at Hongkong Club Defeated by R-E. try the prisoner, (3) that the Shanghai recited that the court
On the military ground on
25 Crown had not proved that the had cognisance of the offence Saturday the Hongkong F. O. one occasion had very hard liues. Stephenson-Jellie, c & b treaty between His Majesty charged against the prisoner were entertained by the Royal The ball was travelling at great
14 the King and the Emperor Of course they could not put Engineers F. C., the visitors be- speed across the goal from the S. H. Dodwell, e Hunton b of China is existent under that evidence too high. The ing defeated by four goals to one. left and he tried to turn it in. He Hunton
... 14 the system of government now jurisdiction might still be im- The game was not without in-missed scoring but the effort was (Continued on Page 1.) prevailing in China. Dealing ugned. But it was clear that terest though, the soldiers were a meritorious one. Later Pennell with the first point his Lordship the jurisdiction was asserted much superior to the civilians put Wilson in possession and the quoted authority and then went and by those officers whose and gavo the latter a lesson in latter pasred to Benton who after on to remark that the prisoner, duty it was to exercise it combination. The teams were:a good run put the hall over the although he was an alien, was sub- ject to Indian military law and
The Club: I. C. Barlow H. 1.bar. Pisy was then transferred duly enrolled unler it, and that What had thoy on the other Jones and A. Hamilton; D. from end to end in turn, the sold- he was at the time of the murder site? Nothing he thought of Campbell, R. F. Long and C.iers playing with the knowledge AVIATION on active service in one of the which the court could take notice. Wilkie P. F: Benton, W. A. that the game was practically 'King's Indian regiments in They knew nothing judicially of Wilson, W. V. Pennell, S. Stalker in safe keeping. In an attack on China: He thought there was any change of government in and W. B. Rigdon,
W
Prisoner's Enrolment.
WID
LOCAL SPORT.
FOOTBALL.'
ball was luckily intercepted by Dodwell the right back. Halftime:-R. E. Fowler 2 goals; Hongkong F. C., nil.
Donnelly
10 3
323
6.3 11
10 2 29
62 2. 18
In the second half the Engineers Clorton had all the best of the play, their
Hongkong. superior combination playing T. E. Pearce, c Smith, b Hag-
havoc with the Club. Pennell on
Pearsen
shortly afterwards scored the third goal for the Engineers. The Club then made a determined dash,
.
CRICKET.
11
ting
Hunton ...
115
To-day's Advertisements
MEETING
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Under the Patronage of His
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SIR HENRY MAY,
Mr. M. KOUZMINSKY,
DAIRY FARM NEWS.
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*Watch for farther announcements.
IN THE MATTER OF B. W. PALEY, DECEASED.
thst authority has been granted
NOTICE IS HEREBY GIVEN
the Engineers goal Kolly was no difference to be drawn between China. It was not suggested lo Royal Engineers: Rodgers; winded and play was stopped for him and any born or naturalised them that either the British or Coxon and Morrish; Forrigan, a couple of minutes. British subject serving in His Chincee governments had de Brennan and Hibberd; Lewis, Majesty's Indian forces and that nounced their mutual Treaties.or Brown, Pearson, Kelly and he came within the definition "or given notice of any determination Pearce. otherwise enjoys His Majesty's of their obligations thereunder. The home team won the toas Wilson, Campbell and Rigdon in protection in China."
It seemed to him that they were and decided to kick towards the turn being responsible for good Turning to the second point, his bound to assume, in the absence Golf Club. The bull bad hardly work. Campbell then sent in a Lordship dealt fully with the of any evidence to the contrary, loft the centre when Lewis nursed high dropping shot from long authorities quoted by Sir Francis that the King was still asserting it along the wing, passed to Brown, range which defeated Rodgers all Piggott in his work on extra-his treaty rights in China what the latter slipping it to Pearson the way. This was the first goal torritoriality and went on to say over those rights might be. in front of goal. Pearson was in for the Club. The forwards of that the formality of a treaty is
flis Lordship then turned to the difficulties with the right back, the latter tried hard to increase the best proof of the consent and question as to whether the accused however, before he could test the score but without success and Who acquictonco of the parties, but it were British subject or not. He Barlow and the ball was placed before the conclusion was called was not the only proof nor did held that the prisoner had made in possession of the Club's inside Pearson netted the fourth goal it exclude other proof, more os himself by enrolment a native of left who passed it along to Rigdon. for the soldiers. Score: R. E. 4 pecially in transactions with or India withing the meaning of The latter placed a good centre goale; Hongkong Club I goal. fental statea. Consent may be the Army Act 1881 and as such which Ponnell failed to turn to
Hongkong Club v. Navy, expressed in various ways; by was liable to the Indian Army account, through no fault of his
Poor scoring characterised the constant usage, permitted and Act while serving in any part of own. The soldiers' citadel was noquierced in, by the authorities the world, as in the same ma- not in danger long, however, as match between the longkong of the State, active consent, ornner by section 2 (2) of the An-Lowis once more transferred play C.C. and the Navy, on the former's silent acquiescence where there nual Army Act the rest of the with the assistance of Brown and ground on Saturday afternoon. must be full knowledge. Being King's forces were made liable to Ferrigan. Hamilton played Pear. The pitch was somewhat on the of that opinion, for reasons that the Imperial Act of 1881 whe-son cloverly and prevented aim soft side, as distinct from the hard by Bis Britannic Majesty's Sopreme ho would subsequently deal with, ther within or without the Do-being taken. As it was, the ball surface that it has presented dur-Coart for Obins to JAMES WIL- the onus was upon the defence to minions He had gone into the crashed against the crossbar with ing the past few weeks, and the LIAN JAMIESON, Esquire, O,M.G., show in the face of the preamble matter with great care becauso in terrifio force and rebounded into bowlere pinnaged to get a H. B. M. Consal Genera! at Canton, that the Order in Council goes his opinion there was no other play. A corner awarded the En great, deal of work on the to administer the estate of the above- men named (late of the Chinese Maritime beyond the extent of the treaty provision either of British law or gineers came to nothing. Barlow ball. For the naval
of the Indian Army Act which put the ball to the toe of Benton the best score was that of C.P.O. Customs who died at Hongkong on extended military law to an alien who up to this point had practi- Noil who had twenty-three to his October 28th, 1912.
All persons having olsims against serving in His Majesty's Indian cally been idle. He raced along credit when a good ball from the said estats are hereby required to Arma. Further he thought that the line with it and after beating Claxton got past him and found send particulars of such claims to the the prisoner had been shown to Morrish passed to Wilson who in the stumps. Lieut. Wace's was Undersigned on or before the 10th cay In the view which he look of he a member of a clara enjoying turn passed to Pennell. The ball the next highest score while of January, 1918, after which date the the law that the onus of establis Majesty's protection in China was on the bounce and Pennelloney four of the side which took assets will be distributed having regard lishing that the Order in Council and was therefore a British sub in trying to put it over his head 1 hr 20 minutes to get 105 runs, only to claims of which notice shall then is within the powers granted by ject within the meaning of the to Rigdon played it to Coxon, the reached double figures. l'onnel- bave beca giron, and NOTICE IS the tronty, is not on the Crown, definition. He had by his own Engineers right back, the latterly for the Hongkong side HEREBY GIVEN that all persons the second contention must fail act become a member of the arm-putting Pearson in possession. took four wickels for seven indebted to the said estate are required and the third contention as to the ed forces of the King and had Campbell surprised Pearson by runs a piece nad none of to make immediate payment to the
Undersigned. *. failure to prove that the tronty proceeded to Canton on military nippily taking the ball from him. the bowlers proved expensive. was existent under the new sya-duty under British officers, Ho Wilson received. the pass,
Pearce for the landsmen led tem of Government in China fail-carried with him the military law played the ball back to Ben-off with a nicely played tunings ed also for the same reason. applicable to Indian soldiers of ton who slipped it to Pannell. for 25. Claxton 21, R. Hancock Canton, December 9th, 1912. They bad as a fact before them His Majesty. The Vice-Consul The centre running at top 21, Gillingham 10, H. Hancock
NOTICE. the evidence of the Vice-Consul toll them that Indian soldiere in speed, caused Rodgers serious in- 18, also did well, the side altoget at Canton whin stated that the China came under coneular pro- convenience with a lightning shot, her making 151 runs in 1 hour INSTITUTION OF ENGINEERS jurisdiction lie noted under in tection. Then again as to the A strong attack on the club's goal 28 minutes, and winning by this case was conferred by this rights of the ruler of Afghanistan; ensued and Barlow was loudly 46 runs. The scorca were as Order in Council and the Foreign they could not presume that the applauded for a clever gave, follow :--| Jurisdiction Act 1890. He had King's government in India would The attack on the club had
The Navy. to add that if proof of the treaty enrol for military service the sub- by no means finished. After a Mid. Oliver, b. Dodwoll, were necessary in those proceed jeats of a state in amity run to the other end the E. R. A. Poole, b. Dodwell,. ings it would appear to be so in with His Majesty with out Engineers renowed the attack and Eng-Lt. Smith b. Fowler, every case however trivial which the acquiescence of their own the ball was bundled through, in Lt. Wace. c. Pearce b. Won- was triable under the China and sovereign. That soquiescence & mix up in front of goal, by Kelly. nolly, Corea Order in Council, a course must be considered to imply a con- Pennell, at the other end drove in C. P. O. Neil b. Claxton...
Gillinghon b pregnant with difficulty and in- sont that the soldier when he is another remarkable shot which Lt. Hunton a Convenience
serving with the British forces provided Bodgers with as much Polwell
Difficult and inconvenient.
They were now called upon in his view to investigate the limito tion of the treaty grant.
J. W. JAMIESON,
H. B. M. Consul General
AND SHIPBUILDERS.
A PAPEL will be read at the rooms
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log December 18th at:0 p.m. 7
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Mr. J. REID, Chairman,
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General Manigor
Taikoo Docke
Hongkong 15th November 1912
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