1909-09-02 — Page 5

1

THURSDAY, SEPTEMBER 2, 1909,

THE CRIMINAL CONVERSA: TION CASE.

The Verdien.

- 87,500 Dawiana Agaknar Me Le

The Chief Justice (Sir F. Piggott) aud's special jury wore again cocupled at the Suprahid Court to day in hosting the action brought by Capt. Mitchell of the .s, Fooksang again: Mr John, Lemni, architect, alleging criminal conversation with the former's wife on various dates in Kowloon and at Macan Plaintif claimed 315,000 geceral moral damages and 817,187:23 special damages, representing mitney paid and payable in connection with the divorce proceedings,

Blado

THE CHINA MAIL.

oplum drama was newis "horphia în this. Ferdinance referred to marpline in slišión forme, while the definition of raw opium a nor. The definition of chest of while in the definition of the i alung wuris optam had also been slightly amended were added to show that there was nó

BE ONE | THE BANK LI

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friend, more especially if the dearest friend THE OPIUM QUESTION AGAIN. of prepared opium, while the definidoR OF had been bound to the utmost accrecy, A choice bit of scandal against Mire da sõid

* When the hill entitled An Ordinance to So's dearest friend! Why that was boo good to be kept to themselves, and round smend and consolidate the Laws relating to it went gathering strength 20 every re-oplum and its compounds came before the patition. And think what a lovely stock gislative Council meeting on Wednesday Fit would make Bir Donim daily prasing

the house and whistling amerus tunes to afternoon, the Hon. Mr. Marrey Stewart doubt that the new Territory was include THE FIRST. the lady indoors and she replying! It Your Faceous, Inasmuch sehe in this Urdinanco refinin from reporting it and the story would have been a lovely story. The cault prinsiple of this Bill appears to be the Hon. Mr Howote mi olanes i was very roxations, and ought to be left out, as th could. hot be would also go round tase Me Lima had slementary dusitions our of making as clear was quite unheard no los

mid it us possible the terms of a prospective coas wall to any that a ship passing through crept round later at night and had never boon

tract, no unofficial member is likely tMarseilles from China, to London would seda to come out though watch had been kapt until the early hors of the morning. Couple thean two things together and they oppose it. The only comment I have to have to provide a manifest of all her me bad as do a bit of scandal as had ever make is upon the Government's failure to goos, because on certain of the goods au been hatched. Counsel proccoded to deal apply it thoroughly when dealing with import duty was charged in France.

His Excellency explained that the cland with the cegency of circumstantial evidentes, and suid afe Lotnm was as much sntitled the case of this particulas contract was desired to prevent ship ayriving in "A couple of port with opium for another port for to the benust of the doubt er stade months ago, this principia was advanced Bransbigsing here.

couple of months ago." in a criminal tris was contended at in this case the thinnest throughout in the debates on the Sir Henry Berkeley, K... (instructed passible evidence had been givad second and third rundings of the Bill closing

charge a very nearly as Borious BA A by Mr H.-W. Locker, from the office of charge of murder and manslaggaten 1t the opiumn dirade. The plea of urgency was

a wars ia Mens Deacon, Looker and Doncon) was mount the absoluta raiu of, the defendant based upon it. Unofficial membara for plaint; and Mr W. 3. Slade (instruct. We juring lightly to convict a dun onformed that there was pressing need for evidence mich tu!! bad been put befora ed by Mr P. M. Hodgson, Erpin the office them in this cust? If they would do passing that Bill promptly because until its of Moury Ewens and Marston) was, for that there was no safety for anybody. provisions in Stal form were made known, defendant.

But if they did over conse to consider the terms for the neer fagui advorticed, and The following gentlemen consituted the the question of actogon they could so the tandore got tu, the Colonial Treasurer

de No Haas to inflict punishraent upon special jury:-Mears E. J. Hughes (foro-Leum,, burnooly to compensator Capt could not possibly tell what the loss on m), J. Bolles, E Shellini, H. Mitchell for the kus he had sustained alusing the divans would amount to, the Hinds, ML. S. Northcute. G. C. Moxon and owing to the sets of Lenum. They must Secretary of State could not say what producing a false manifest." cover it. That is

also consider thins Lemm was not, the only DI, S. Sassoon.

declared.

Bori, lir OshareAny shipmaster land Sir Henry Berkeley put a couple of person accused in the same way. There artion he was prepared to bear, and the ship has exrgo which has not head were four of them accused. Why, there work of prepiring the Estimates could not questions to Mr Lemm in cram-examina-fore, should Capt. Mitchell come into court be proceeded with. Before all things iting morphine not declared is liably to a

very heavy penalty, tion, ad, tlien Mr Blade began his ro-qnd ask them to put everything on the back was said to be necessary that the detaile. The cure was altered to us. Any examination.

of Lemm? Referring to the Scotch divorce, counsel said whether the divorce was of the pur condities under which hence master of a vossal carrying mezphia or because of Bfe Lemns was not known so far forward the farms will be held should be compounds of opium in transit through as this eve was cafcerned they had left in no encertainty. The importance of who shall discharge such morphia or com Colony under through hill of Innding, nothing to do with that.

a reason for pounds of opium in the Colony without Sir Henry Berkeley, in his address, said this was put forward as

declaring the samo to the superintendent,

J

י,

My friend asked you as to whether or not there wore rumours and stories being toli ecastantly in the Colony with pogard to Mrs Mitchell in and about 1900-liYes,

these cite instances you were not india creet in being so much in her company you remember that Yes.

You said you know of those rumours !am: You.

PI

And after that her friends had deserted her ?—Yes,

Can you tell me when the runners startuit? It was aftor the divorce proceed ings were initiated by Capt Mitchell.

When did her earlier friends begin to desert her?-I should any it would be while "she was still in Hoya Terrace.

neta

hualand. Thole was not, he contonded,,'a

Hon. Mr Hewett said the fact of handing ia:a mannifost would not guarantee that- Ä steamer between Yokohamas and Bremen passed about a dozen ports, in all of which duties wore charged. It would be just as wall to my that the ship bould hand s complete manifest in at each of these parts: and that would be aboard a His Brcellency-Would have that section loft oub profer to Hon Mr Rerett-Undoubtedly, Sir. Hon. Mr. Osborne Substitute a pennity for landing.

Hon. Mr Hewatt-The final words & pro

the

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And he further nekod you whether unit was the duty of the jury to consider the declining to accept an amendment provid-shall be guilty of an offence under this.

of the parties net in an isolated mose.ing a suspensory clause. A suspensory Ordinance." but to take into consideration the entire

On resuming, the Colonina Secretary naid conduct of the partics as a whole and clause was objected to as opening a think

-au it is desirable that this bill should be. to arrive at a just eneclusion thereon, through which doubt might conceivablysed as soon as possible, with the tona Counsel then reviewed the evidence.

creep it. Stresa was laid upon the difeil's permission I will now move the third Referring to the mossing arrangements made by Alt Mitchell, Sir Henry Enid he was culties liable to be augendered by indeterred Calcuial Treasurer seconded. quite willing to admit that if a woman were minste conditions. The conditions had to Hon. Mr Stewart-Sir, with reference hard pressed for money, though perhaps it might be indiscreet, it might be allowable be beyond doubt and they had to be to the remark I made preparator to the for ber to take in boarders or even take in advertised without delay. They were second reading, I should like they tho I angle man into a room; but while admit advertised immediately after the Bill passed that I had gone carefully through the Bill did not intend to convey the impresion ting that he denied absolutely that mynd for many weeks subsequently. The clanes by clause comparing it in every de married woman acting innocently and assemption was that everything had been tail with the original ordinance. That leap there and conceal the fact from her done to make the position clear. It there be imposible for anyone having other wick fairly would take a man inte her house to

colossal undertaking would perhaps almost husband living in Kowloon or Hoegions, fra como na, a surprise to find that all the to do. By what I said I moant to indicate Sylvia and the Secretary, by Olivia Razisty. who, if he had known what Mr Leme time the regulations embodied in this Bill that I had read through them & ficiently Pink Purity, by Gertis De S. Wentworth admitted he did-raid frequent constant were in process of incubation. We now to realise that the whole of the law on the

learn tant until they are latched out it is subject had been recast: and by saying The King's Clause, by Walter E. Gregan. would not have oppet in. and persistent visits in this

that the Bill materially affects the consti- The Rod Saint, by Warwick Deeping. fle (Sir

impossible to proceed in a satisfactory time ander which the new farm will be a Reaping, by E. F. Benson Henry) pet it to them tion. on the Bumissons of Mr Le hivell he manner with the business of negotisting.beid. I meant that anyone contemplating John Goodchild, by R. W. Wright-Hen- hd done that which he word out here Your Excelleniya introductory remarks but at the very beginning, and to study de sot

Fair, by Eden Phillpotta tendering for the farm would have to be in dore but for the fact that the wataweek made this plais. Frens them. I the conditions of the recare iar on the seb. The Fun of the day We Brodie lanes. At any time did who go into hospital inprotector of this woman was any "let ark

Tan Bed Bat Crown, by Dorothes Gerard consequence of this* Yes; from January They could only on the core gathered that the new Bill materially that it was because this man was at affects the position of the prospective

A Lighted Candle, by Priscilla Ocare. that Lemn took advantage of the absence farmer. This impression is confirmed by s

Concerning Himself, by Victor L White the woman until ultimately be obtained perusal of its clauses." It would see there

The Ecore, by Lucas Bilst such a control over her that she would do fore that there was really no such prossing

bing Air Lam:

When two need, after all, for hurrying through the Lamm aked her. anything

I min when in reference to the divorce proceedings. After the pablication of the divorce proceedings appeared in the papers It was then they gradually began to enub her and inter on to stop calling.

You said your second wife was addicted to drinking.co.bzeren --Y86.

· 1904 aktil February 1904.

The foreman of the jury said they would like to bave proof that Mr Lamm resided in the same areaus sa Mrs Mitchell during the time of the rlikabaw incident.

Mr Slade said the only thing they could do was to produce the household accounte, which corored that period.

The jury thought Mr Walkins, who was said to have then been paying the rent of the bouse, should be called.

reluctant to come laço court.

*

of the husband to seduce the aftetions of

was common

virile pursons threw themselves tegether it knowledge that there was danger in propinquity. Given attraction given propinquity, and given opportunity there was generally troublo.

previous messure and that all the sub sequent advertisement has been so much waste of time and money. Two months go.did not 'foe! fully persuaded of the nood for expedition. Now it is evident

ject.

As the word material" là liable to misunderstanding, I desire to explaid my use offt. It was possibly clumdly used The bill was read a third time paased.

"ו

STRANDING OF THE DERFFLINGER

How It Happened.

The N. D. L. sicuror Dorflinger having

that then there was none. It is equally been in Dock at Kowloon sad had repairs evident that, by this time, there must be affected to her propellor, came out of The unofficial members are therefore forced dock this afteranos. The story of the

His Lordship, in summing up, said it had been stated that the case had been discussed in the Clube and throughout the Mr Slade said Mr Watkins had besa Colony. If that were on the duty of the jury was to put an end to the rumours and pressed to give evidence, but he was very End the fact one way or the other. That

was the privilege of the jurymen, and so to agroo once more to the adoption of these vessel's stranding pour the Nedles after Ms Loma said Mr Wathing bad told and what was admitted to be scandal somewhat hasty methods of law mag she had left Southampton is a simple ex- him that it would injure him i bie bar na gossip was scored, for which are nowadays largely employed eko- business to be mixed up in much a caÐ.

very long time. He hoped that up to The jury intimated that they would like Ho did. not envy them theis taak; his cor-deprecated in a deliberativo assembly.

that time they had not formed any opinion

pianation of how dependent these giant atesmans are on some insignificant cogwoel, to know definitely where Mr Lemm livedtainly was cot going to form an opinios: be

rivet, or other part of their vast mechanism. hadn't one. And bo hoped what he should

steering gear went wrong-in current running strong, and the Derflinger found herself stuck fast on a sand-bank.

at the time of the incident and whether it was a rainy night or not.

Mr Slado said they had bonbarded Mr Figg with questions as to rainfall, and had supplied such a variety of dates, that

where, but which are nevertheless to be His Excellency Gentlemen, what the

The

any would rot, lead them to believe that hon. member at the end of the table basst at the er til moment the steam he hind an opicim. Having asked the Jary said is to a certain extact correct. That is to disabuse their minds of the Scotch to say, "that when the amending ordinance divorce, his Lordship said the question the Scotch Court had to decide was whether was before the Council we believed that Mrs Mitchell committed adultery with Mr that would most all that was required for Lemmd if they leviting tenders for the coming farm. But now. No commption, no uneasinens, no

and three others. That Anding bowl. ever did not bind any of thna" four they you are aware that there are a series of

he was afraid they had greatly irritated him. He wanted to know whether he was

to sit all day making out certificates.

His Lordship. It is part of his duly. Later in the proceedinga "it was stated

wero

board, was just as steady as pot ses her

vessel, 'to use the words of an official on

James,

derson.

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desire oven on the part of the pains QUALIFIED ENGLISH CHEWYSTS Hia Lordship asked the jury ordinances dealing with opium, and a series to leave the steamer. Fortunately the www.not. not to

to find on

on the question of special of amending ordinances have from time to weather was calm and the work of dia. damages as he was very

at prenent

the law time been passed under those ordinances. charging cargo was carried on as simply as entitled plaintiff to these could got them. As to general damages.

that Mr Watking had been seat for, but he on the matter. I crete ho The result has boon that the law has become at Tanjung Pagar. The forced detention)

'could not be found,

#

Mr Blade, addressing the jury, said the whole point of the rickshaw story was to show, that there had been an

come

Ronce

of a

entitled to these

was enlivened by music, cards, ship's sports

and wondering when we should font. Five- strenuous Bouthampton tags came out after we had discharged 160 tons of cargo

WILL ALWATU. US ON DUTY 20 DISPENSE PRESCRIPTIONS.

WATKINS,

DIY & NI TELarmone: 492

the jury might give plaintiff fair compenss somewhat complicated and somewhat cha ting for the loss of the comfort and alia; and that on a close examination of wife. The jury must to the the various ordinances it appeared. that of must sxtraordiasry and clandestino visit by dismiss a what that part be. They must there were some clauses which, as I said in Lemm to Mira Mitchell, that he had ides of gising him any damages which my remarks at the hat Council meeting, Nobody want sway in the meanticos CHEMYSTS & DRUGGISTS

over frem Hongkong sad had would set him on his feet for life, or which voro confusing, if not contradictory. Although we told thern that if they wished bo return again. Further, that he had would include toets to which he had been

they could transfer to another of the Com- 81, Queen's Road Central, pany's steamora. free of charge, but all come over in the rain and paid his rickshaw out by the Scotch procecidings. If ho vers don't think that the Government can be

ould get there. held very emtiously to blame for the cordis seemed determined to stand by the Der

HONGKONG. the obvious inference being that be intendis Lordship proceeded to comment on tin of things, and i don't agree with wfuit finger and they did. After putting orer- od to sporul,if not the whole night, at lenet the evidence, saying it did soem ört- a considerable time in Mrs Mitchell's corordicary that the daughter should have the hon. member said about the alterations side 150 tons of beary stuf, including a pany. The whole of the inferences in the evidence was directed. The jury could affecting the farm. In my view they are for the ambined efforts of the tags sol which in the Bull very materially and seriously lot of silver for China, the vowel was ready been present in all the occasions regard to that issident had been shaolutely not ignore that fact and they would no unlikely to cause any alteration in the dispony of by the evidence, it having been doubt give it its

proper

weight before they

tender. The lerislation which, yo ander- proved that Mr Lem at that time was gave their decision one way or the other. living at Noe, Granville drenue, or retired to consider their verdict, being affect: that the amending ordinance which Shortly after four o'clock the jury took a short time ago had, at any rate, this Foon, that thero was "abaniutely no supplied by the Chief Justice with type was sent Home to the Secretary of State thing watenordinary in his calling st No written questions in relation to the specs obtained his approval Wo therefore 4. Proceeding, counaci "submitted that chargos.

settled beyond doubt the question that our Capt Mitchell, who was obviously a man

was floated successfully. As soon as this was "accomplished” we steamed back to

made of the vessel's kesi. Divors Southampton and had a thorough survey

were sent down and an exanimous opinion exyrosdthat no injury had boonsustained. The place where we went ashore being sand

pregar spot is about a wild from the

THEATRE

UITY ALL

ROYAL

4 NIGHTS ONLY

COMMENCING

half an hoer's absence the jury

wrong, had believed the cittio-tattle which and 3 Granville Avenne, in 1899; At 4aaaabutantial consideration if it involved Needles, or two hours from Southampton, plaintiff had been guilty of adultory at Now for which the Secretary of State promised hul gune round the Colony. He hadnville Arenne in 1900 at 6 Rose any loes to this Colony. We had hopod and and at the time we struck a strong sustent Delinted what he had heard here and these Terncoat Boa Vista Botel; and at thought that legislation in connection with wrading through a narrge passage, at

M. E BANDMANN. and hand believed th t. Loam and his wife Eisen Bangalow. They are", damages

PRERENYS were guilty of miscondnar together. Bat / særinst. Mr Lemm in the amount of opium' would ceass for somo.comniderable Pithampton we took our 150 tons of ||

time when that list amending, ordinance lightered cargo on board again inddeling THE MERRY LITTLE MAIDS Sir Henry Berkeley formally asked for was passed, and it is not the case that the thy Chinese silver and sovend fresh pass, premat consolidatlug ordinance has been ongors who had heard of the detention, sud

€7,500.

or thought of at the dimp, or for some time after, the amending ordinance was passed. There was at that time a need for hasta in order to call for tenders. Those tenders

whom it sted to embark just then. The vessel then left on her Eastern voyage, after, two days detention.

the Lict that he believed this ought to invo Do weight whatsoever with the jury, who judgment. had to decide whather is had put forward

Mr Slade applied in a stay of execution long time in incubation; or was conceived sufficient evidence of bis belief to justify for three months to consider the questkin

by the Diets. There was any of the preliminary point on which his Lord Jenious man who was jealous for no goodship and previously given judgment. He reason as all It, was perfectly obsions would like to point out that the jury had returned a verdict for plaintif in repeat that Capt. Mitchell got perfectly read of an occasion regarding which there were anlled for, and the general conditions the narrator of this sent to the Singaposa with Joaluuay of Lamm. The tittle tattle not a jot or tittle of evidenso of any kind of the old cats of the neighbourhood had whatever. He referred to Home Terrabe heon an doubt drummed in o bis eats and That was a point which would have to be

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surrounding the contract for opium this Fier Press reporter: "When we were Coleay Save no doubt been studied and appreciated by tenderers Buch minor going through the Suez Canal lang restrictions which appear in the ordinance British freight steamer just ahead of Bept, 4th

peller His Lordship granted stay of execution now-to be discussed will, we already stid, got the chain of a big round her that, his memory had been stimulated and for a fortnight saying they could deal be unlikely to affect materially those who and there we were aback for another twenty sepse four hours, but no harm beyond the delay" his imagination had o me into play, and he further with the point in chamber when intend to ten ler

Council went into commities to consider believed what he imagined to be the truth, the question of social damages vu die

las, in com man who hún bean trading Bach lings happened in prery day life, Dealing with Capt. Major's evidenou

the bill clause by cissor

His Excelticy maid that, in the absence

of the Attorney General, he proposed to ent pilot the bill through committen The Schwalbe, and bill embodied three principal ordinances, Jours and

the Raw Opium Ordtians of 1887, the careful Prepared Opium Ordinance of 1891, and the Morphis Ordinance of 21899 Undir

URA those three principal ordinaticon a series of Amending ordinanese had been inodepaint. labirened from time to time. The decirices of i

Aas Ped bone ww.paw, having been

Blade said it was clear that his memory The Vourrier Strigonis say that the had boon fortifed by his imagination. He European export prms at Baigon have been had stated things in Court of which he had so hard hit by the long stand come

no mention Whatever when three mercial crisis and by Chinese failure that 26th ago he gave evidencem cominiséión: they have folded themselves into a syndi Tomas astrotany unlikely had he known in este to, föguard their mutual 1800;the events which be stated. Inter that ↑ The post of president of the

Voda bate concealed them from the been offered to whorat big bosom, end it was extremely

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