WINDING-UP ALIEN AFFAIRS.
The Recent Ordinance to be
Amended..
A Bill to amend the Alien Enemies (Winding-up) Ordin- ance, 1014, and to provide for the protection of public officers in certain cases, is to be intro duced at an early meeting of the Legislative Couccil.
The Bill is set out is a Govern Gazett Extraordinary published to-day, and its obj.ots and reasone state":-
ment
THE HONG KONG
|STRUCK THE STEWARD.
European Ship's Cook Sent te Gaol,
At the Marine Court, this morn- ing, Sydney J. Spry, of the 8.8. Pongreep, prosecuted Arthur R, Jones, a cook employed on the some vessel, for assaulting him on board the ship.
L
The complainant said that they were at ten in the defendant fail- ed to turn up. le sent his boy to tell the cook, but he did not come. He sent a second time and on this occasion he did come. Dafendast complained that the fish was cold. Complainant said The object of this Bill is to all he had seat the toy to toll him to up certain lacuri in the expresscome. Defendant then found provisions of the Principal fault with the boy. Complainant Ordinance in order the better tald the defendant that defondant carry out its spirit and general was not to give orders to his boy intention, and to make the law clearer on certain points on which the construction of the Principal Ordinance might possibly give rise to some question. The main provisions of the Billura as follows:-
It is expressly prohibited to pay any money, or part with any pro perty, to or for the benefit of an alien enemy, or in any way to deal with any property for the benefit of an alien enemy.
It is expressly provided that the property over which the liquidator will have control shall include any property within the Colony which may have been employed in or in connection with Buy branch of the alien enemy's trade outside the Colony eg., goods be- longing to the Canton branch of a firm established at Canton as well as in the Colony.
Defendant then strack complain apt several times. Complainaut could not defend himself at the time, on account of his position.
Obarles Simpson said that he was washing up and the cook said to him, "if tere is any fish in the galley don't take it out. I will do eo. Never mind what the steward says." Witness heard the stoward say "Don't give that boy orders, be is under my charge." Thor the cook struck the complainant. Two or three blowe were struck
The mate came up and stopped the fight.
TELEGRAPH.
EXTRA
HONGKONG, MONDAY, NOVEMBER 30, 1914,
ALMBERG'S APPEAL.
Full Court Considers the
Application.
ย
THE SHOOTING AFFRAY. got up and Barry, seizing his left wris', twisted it sharply and brought witness to his kaoes,|| breaking the skip on both limbs. Throughout this, Barry was con- stantly rapeating that witness was "-German spy" and that" ho! would seo him shot. Witness' singlot was torn. Getting up, Barry This morning at the Supreme size witness by the oats, forced Cour, before the Chief Justice batted him in the face with bis him back against a bookcase and Sir W, Res Davice, R., and head. From this time witness Mr. Just Gompertz, Falane Judge, the appeal was heard of was bleeding profusely. Blrot Ernest Manus Almberg, was running freely down his face Swedish subject, against then into his eyes. Somehow or conviction and sentence of three other. witness freed himself from months' imprisonment, by Mr. O hit on the head which caused him Barry but as he did so received a D. Melbourne, in the case in which the appellant was charged to stagger to his deak.. with doing grievous boy ham witness, "but I thought he had
"It may have been foolish," said to William Thomistry, a naval sigonimao,
right to kill me, if he thought I was a Gorman spy." This was in answer to Mr Jenkin's query to the state of his mind at the time.
Sesing the revolver in an open drawer in the desk, witness took it up. The thought came. to him " that frighten him. A he did to be be took the revolver out, it would said, "Get out "
Mr. F.O. Joukio, instructed by Mr. D. J. Lewis, of Messrs. Johnson, Stokes and Master, appeared for the appellant, and Mr. C. G. Alabaster, instructed by the Crown Slicitor, Mr. P. M. Hodgson, for the Crown.
Mr. Joakin said that the per mission to oill fresh evidence was given on the application for leave to appeal, and the fresh evidence would be in the direction of the elaboration of the defence set up in the Police Curt, that of self defence. The only question for their Lordships to decide was, whether or not what Almberg did was in proportion to the injury done and threatened to him. F.C. Hitchins, the mate of the Counsel again detailed the facts chip, said he was standingoutside be int nded to prove, and as he the cabin door when the cook set them out in the application for came out. The steward ghid leave to appeal. something which he did not hear Having done so.. Mr. Jenkin and the cook turned round and pointed out that Alinberg was, in struck the complainant. Thereo grent terror from the assault was more than one blow, struck that, although only arrayed in his plainant back.
·
a
if
Barry seized a chair and held it as if to strike witness. Baing very frightened, ba lly shaken and in an "awful atate of mind" he thought Berry wanted to kill him. Blandford was not in the. rom.
Witness then fired, but was un- aimed at the floor. Ule was not der the impression that he had certain whether be fired one or two shots with the revolver, which was a Smith and Wesson auto matie. Barry dropped the chir; witness thought he was frightene, threw the revolver on the table and ran out of the room. Witness did not know whether he hid bit Barry, who did not cry out or
for and told him to get dat? Yes.
Ho, to protect himself, as I put it to you, took up a obair?—I thought he was going to strike me with it.
You then fired, thinking he was going to hit you?-Yes.
Do you still say you'fired at the or?-Yee.
called.
Mr. Eldon Potter at next
the Chief Justice:- now role, Mr. Putter!
Witness: I am rather out of my element, if I may say so.
laughter).
FATALITY ON THE WILMINGTON,
Saltor's Death from Suffocation.
i
ST. ANDREW'S DAY.
Programme for To-night's Concert.
The funeral took place yester- day, at the Protestant Cemetery, In place of the customary ball, Happy Valley, of Richard James a concert is to be given to night Robineon, aged 39, an oiler on under the auspices of the St. the U. S. S. Wilmington, whose Arrew's Society, in aid of the body was found on the 26th in Prince of Wales' Fund. A first- etent within the double bottom of class programme has been arrang- the ship, death being das tod, and every seat in the theatre suffication.
| bus been taken. The concert will ference with Mr. Beavis when, the Rov. U. H. Biokling, and the and membera and guests are
The burial service was read by commence at 9 Witness said he was in con-
p.m. sharp, after some noles, two men baret Oustomary volleys were fired especially requested to be in their Potter's, rooms. He went to see in through the doors of his, Me: over the grave by bluejackets seats ten minutes before the
from the Wilmington.
commencement. During the in what was the matter and found a
terval refreshments will be served · in St. Andrew's Hall and the sailor fully dressed trying to bit
witness' cffice boy. Barry was in PHOTOGRAPH
adjoining halls, and it has been singlet nd drawers. He was a
arranged that the refreshment well-built man of appellant'e size
rsome shall remain open for half and about 29 to 30 years of age.
an hour after the concert is over. Witness tried to get Blandford from hitting his boy and then a revolver. Blandford, who was noticed that B rry was carrying
held by witness, kept on asking witness in strong terms if he were Some time ago Mae Cheung a German. When he had got took seventy-four groups of aol. Blandford part way down the diers and their families fres, an stairs, Barry aid: If you are submitted the groups to the Gerana I will shoot you," aforementioned judges to decide Mr. Beavis corroborated Mr. which were the best three, the Potter's evidence. He heard Mr. family securing the favours of the get out of this; what are you beautifal photo frame each, con Potter say to Blandford."Here, judges. to.. .be awarded a doing?" Blandford had previous taining a silver inscription disc,
COMPETITION.
This morning, Messrs. J. H. Tag gart, G. T. Lloyd and O. Bond Mes Choung of the family indgad the photographs taken by groups in the Garriso
Late ferries and trams bave been arranged. The programme is as follows:-
Rossini, Band of 74th Panjabis.
1-Overture "William Tell"
2-Song "The Garden of Allah," Chas. Marshall, Mr. George Lammert.
3. Song "Angus Macdonald," Joseph Roeckel, Mrs. Hill,
4.-Quartete Scote Wha Hae," Mesers. J. N. B. Alla, W. Brown, F. Gray, J. Smith.
5.-Sketch "Oor Penny"On- cort," Mr. R. Sutherland.
6.-Violia Dus (a.) Autumn
Song" (b) * In the Could Blast," Mendelssohn, Mrs. Murray Scout and Mrs. Aubrey.
7-Song Mignon," Thomas, Mme. de Magalhaes
Correa.
8-Strathspey and Reel of
"It is expressly provided that The steward did not strike com singlet, he ran out into the street show any signs of having been He closed it and pointed it around Cheung was very popular and Tulloch, Mesra, K. R. Macaskill,
the appointment of a liquidator shall not affect any liability of a compradore or his suretien as existing immediately before such appointment.
"It is provided that where a liquidator has been appointed n proceedinge in bankruptcy may be brought against the alien enemy in question, and that no alien enemy shall be entitled to present a bankruptcy petition against himself.
■
The defondent was sent to gaol for four weeks with hard labour, the gpl expenses to be paid out of the wages due.
GOLF."
Championships at Fanling.
The Chief Justice montioned) that the defence of self-defence hit. Witness then ran out of the was Dot raised at the Police Court. Tom and down into the street.
Tae next morning in the central Police Statio ho heard a conver- sation between, Blandford and a
The Paisna Judge said there was only a faint suggestion of
that defence.
Mr, Jenkin asid that that de. fence waris the minds of both the prosecution and defence.
The Chief Justice thought Bar- ry and Blandford ought to be present,
Me. Jenkin said if there ware any hardship, it was for the Crown to remove the hardship by bring
At Fanling yesterday, Mr. The Principal Ordinance pro Jasper Clark defeated Captain vided for the payment of the Campbell in the final of the liquidators' expenses and remun championship (thirty-six holes)ing the men. eration in case of the insolvency by thras up and two to play. The of the alien enemy'e trade or game was divided into personal estate, but filed to rounds, one in the forenoon and provide for such payment in oase one in the afternoon. The referee of solvency. This omission is was Mr. E. J. Grist, the Captain now rectified.
of the Club.
two on with the evidence.
It is provided that where the
There was a good attendance, trade which is being wound though the morning opened with up is a branch of & tride a cold breeze. There was nothing carried on aleo outside the extraordinary in the game played Colony, the liabilities to be in the morning. In the afternoon discharged by the liquidator the number of spectators hd shall be confined to liabilities increased considerably and Mr. arising out of the transactions Clark played a very good game, entered into by er on behalf of as did his opponent, there being the Hongkong brauch.
no little excitement at the twelfth Power is given to the Governor hole. At the sixteenth hole Clark to Bward a higher remuneration only required to halve it to win, in any special case where the but he experienced zo difficulty usual remuneration of 2.1-2 per in taking the hole. cent. sball appear to him inadequate. This, however, will Į.~~~
art affect the position of secured demand any keys, account books, creditbra.
hade clear that the exotc., relating to the trade or per- penses of the liquidator shall in whose trade or personal affairs clude money advanced by him the liquidator has been
up.
sonal affairs of the alien enemy.
prove
Their Lordships decided to go Mr. Alabaster raised the ob- jection that evidence of this nature was inadmissible on the ground that it was not pat to the wit- nesses in the court below.
The Chief Justice: It is in- conceivable to me that, if all these facle were known to the solicitor, he did not cross-examine the witness on it.
Almberg's Story..
European warder. The warder said:"Hullo Jack what are you doing here?" Blandford said, "We had a scrap with a-old German at the King Edward Hotel last night."
Detailing his injuries, witness said he had an injury on the bridge of his boas, his lips were swollen, a tooth loosened, a swol len wrist, which was not yet right, and the skin of his knees, was braised and grozed.
The Chief Justice-Were you sober or drunk?-I was not sober,
How much had had?-I
you
should say about six or seven glasrės.
ly called out something about varying in size, according to the Germans, and when Mr. Potter positions they received in the seized hold of him, Blandford competition. As a matter of fact reached behind him and hit witness cach of the seventy-four families on the cheek, remarking, because will receive prizes, since each witness were glasses, that he was one will be presented with a a German.. Barry was carrying half-dozen cabinets free. This the revolver with the breach open, very generous offer by Mea as though he would fire at Mr. the result was looked toward to Potter. Witness said that Barry very eagerly. The awards were must give him the revolver, bat sa follow:-1st Prize, QM.S. Barry, using strong language, Howell, 10 B. Block, Kennedy refused to do so. Witness held Road; 2ad. prize C.8 M. Stewart, him by the wrist of the band 4 B. Biook, Kennedy Road; 3rd. which held the revolver. Witness prizs, S.S. Talbot, 12 O. Block, let the man go, as he was other Kennedy Road, wise quiet, and if they struggled The groups were all so good the weapon would probably go that the judging was no very easy off. Witness and Mr. Potter matter, and those who have seen then took Blandford away, and the collection cannot bat agrae Barry walked at the side carrying that in placing the winners thus, the revolver. Aather went the judges have given their down the passage they passed verdicts as merit called for them. Mr. Jenkin's door. Blandford The ohildren shown in each lurched towards it and said "Let's photograph are a oradit to their see if the Germans are here," parents and to the Garrison, or words to that effect; They got him away and took him downstairs.
Mr. Alabaster: The really troublesome gentleman was Mr.
There was blood on both Bland- ford and Barry,
justify his
acquittal.
D. G. Nicoll, A. L. Shields, F. Soutar. Piper, Neil Drummond. Interval 15 Minutes,
Part II. 1-Band," Reminiscences, of Soutland, F. Godfrey, Bind of 74th Panjabis.
2-8ng, King Obarles, Mand Valerio Waite, Mr. H. I, Junes. Laura Lemon, Miss Alix Gordon. 3-Bong My Aia Folk,"
"There's a Piper .4.-ong
playin' in the Morain," Lander. Mr. F. Soutar.....
5.Daet " Uca Sera d'Amor.”
F. Campana, Mme. de Magalhaes
Correa, and Mr. Geo, Lammert. 6-Dance Highland Fiiog. Miss Mary Hyde, Piper, P. Douglas Wilson.
7--"The Allies,"
The accompanists will be Mrs. Cromie, Miss D. Gordoa, Pro- fessor A Galazzi, Mr. A. 0. Davison and Mr. Gorge Grimble,
HONGKONG BOY WOUNDED.
After the tia adjournment the Chief Justice said he would said that he had never asked
In cross-examization, witness| Blandford?-Yee.
like to hear Mr. Jenkin state his case and establish his defence sailors to his room befcrs, but
that what Almberg did was self- the railors had stood him a driak. ∙la answer to His Lardship, defence within the law, and he wished to return the com-witness asid Blandford was quite
Mr. Jenkin said that was what
'oposed to entertaining t sailors singlet and a pair of boots on: was aufficiently sober to put ap-ed in each a manner as to du The appellant, in the box, Chater Road he had only his as to Barry's condition. Barry upon-tast Almberg was assault- pliment. When he was found in drunk, bat ho could not testify he was going to base his defence
at the Hongkong Hotel after- wards at the King Edward Hotel Barry was in a similar condition pellent in fear of his life or to harm and was in immediate and in his room. There was, a map u.der-pants. The weight lifting act so big as Blandford, but was ly harm. Because of this he was but with the addition of short have inflicted injury. Burry was obvious danger of grievous bodi- io bis room. They had a conver- bad started after the discussions big looking fellow. sation, on general subjects, of Swedish gymnastics, but before
entitled to defend himself on the Swedish gymnastics, and then
Mr. Potter, recalled, agreed spot. The immediate and obvions they came to the war. In Sweden the photograph incident. they all went in for gymnastics a man as he, but Barry could fight injury on anyone he attacked.
with Mr. Beavis and said Barry danger need not ba bodily harm, He thought Barry was as ring would have been able to inflict actually done; it might mean he
Amongst the smen of thosa and he naked if it were the same better, because witness.could not
was threatened and he had wounded appearing in the t in the British Army. There was a photograph of aurellant's father, Do you really think that Barry Barry?
The Chief Justice: You would reasonable apprehension Home papers to hand is. fight at all.
not care to have had a brush with The Chief Justice:-Does that of Lieut. Neville Grimble, jastify the use of a dangerous
Leicestershire Regiment, nephew of Mr. George Grimble, Mr. Jenkin—Yes; I submit of dongkong.
His wounds are described as Appeal Dismissed, fractured legs, and he has return- Chief Justice found head to England from the front,
the room, and one of the sailore"
diff-rent now.
|atirred up Barry'a ira the belter,
The Chief Justice was of the
of hearing what had been said
it
aldnot accept the theory that the accident. His Lordship also was
revolver shot was the result of sa
of the opinion that the circam-
Returns to England from the Fronti
The Paris Moratorium. At a meeting of
for the purpose of the winding ed to wind up. "ppoint a major in the Swedish army, in bad the right to kill you because Witness:-Oh no, my Lord, I weapon.
It is provided that the prohibi- said "Hullo; there is the-Kaiser." you were a German spy?I should be very sorry. We came As it is essential for any wind- tion against carrying on the trade Blandford, who made the remark, thought 20 then, hut I know to the conclusion that the less we ing up to be undertaken that the of an allen enemy shall apply in was moving round the room. payment of the expenses and re- the case of every trade, or par: of Appellant said the photograph when you fired?-Five or six feet: How near were you to Barry muneration of the liquidator a trade, carried on by any alien was of his father. Discussion on shall be certain, those payments enemy at any time after the 31st the progress of the Germans and Do you know the doctor saya are placed in case of insolvency December, 1913, unless the person so far they were greed. Rogard. Do you remember the doctor
their taking of lowns onsed and about one foot ?--No. in priority over the pay carrying on such trade ahall
creditors, that it was assigned, paited with, ing the Emden, witness, feared anys there were burns and powder and it is provided that or abandoned, by the alien enemy whether they did not think the marks round the entrance on the bofora the 6th August, 1014, captain bad acted as a gentleman chest?-1 don't remember. It
All the amendments are made and Bitish sailor would have was at least five or six fet
done." What!" siid Burry, retrospectively
Could you posibly miss a man Provision is made for protecting chantmen; do you call that at him
Binkingpoor
poor defenceless mer at five or six feel?--I did not fire public officers from actione in thxpress provision is made for respect of permissions boun fids meals?" Witness endeavoured to Gould you hit a man five or six counts. Here's given or refused in execution of explain. Barryjumped upand said. Ifect away when you did not fire a question whether, on the facts ouse he considered the sentence sequently only the criminal cham
ment of ⠀⠀ secured
secured creditors shall be liable to contribute to such ex-
penses and remuneration in pro- portion to the value of their respective securities.
ar
their powers under the Principal
the amending
to hand over to a liquidator on
"I can see what you are, you area at him? -I did no fire a him -German spy" and hit witness
You fed a revalvor at him? in the faco so that he fell from I did not. his chuir to the floor. Witness You pointed a "revolver at the
It is declared to be an offence Ordinance or against the Ordinance to refuse Ordinance.
a
stances did not warrant the use of
opinion that it was desirable that Barry should have an opportunity about him and tions him and give, his explana
Courts it was decided Parti Lar Kir. -Alabaster submitted that revolver in self-defence. He be to prorogus them until the end of the reasons given by the appel lieved they were sil under the in- the war. In the Scat place, the lant, if true, were not sufficient to uence of drink, sud had he been moratorium render all civil ac justify what he did. The sentence sober would never have picked tions almost maystory, and, was extremely lenient,
ap the revolver. He was of opin secondly, it was felt herdly de- Tue Chief Justice: We have
ion that the appeal should be cent" to fight over money matters nothing to do with that; there is dismissed. Having regard to the at a time like the present." Uoz- there was a defence in law quite a lenient one,
bers will sit regularly, whilst the Mr. Alabaster submitted that, generally, and agreed that the
The Painne Judge concurred others will hold only now and assuming the appellant's version
again orma sitti all caser to be true, it was not suficient to appeal should be dimissed. now on the lists being postponed