1919-12-20 — Page 5

that

THE CHINA MAIL EXTRA.

CONTEMPT OF COURT."

"CHINA MIC SE ON TO-DAY.

(Continued from Page 5.)

HONGKONG. SATURDAY, DECEMBER 20, 1919.

This is the text of the whole argu- ment that the face is not a faithful index of the "soul. There is no one reading that article, without prejudice, I submit, who could possibly read it as ¦ an attempt to bias a juryman either one way or the other in the trial of this particular individual. It might bias

BILLIARDS.

PALACE HOTEL HANDICAP,

Some good playing was seen in the above Handicap last night when C. Hart-20, met and defeated ).. Foulds

150, by 70 points.

The game was very consistent, double figure breaks being very fre

Mr. Alabaster: I shall endeavour juryman one way or the other in the trial of any individual that he may to show by authorities it is not con- he called upon throughout his future Tempt, but I commenced by stating life to consider that he was a reader

the alleged

is at articles on physiognomy in relation contempt the prejudice of the trial and to crime. So are al articles on

medicat jurisprudence. generally. quent but although Foulds played up I subint that this comment

The row of this article, "a "perfectly well, Hatt would not be denied' and world in no way proudite the mir tap, is contained in the last two ran out a winner. Final Sentes: C. tril of the "prisoner, because as the face is tot a faithfel in Hat 20,250. Chief breaks 16 14.14 that is the only contempt a'load dex m the soul"—and wither men- Then they go on.

"Again we have toning any names, as the context J. Fonido-150, 180. Chiet breaks to admit that the reporter's account Renerally shows, they take the case 18.18.17.16.

nor on the evidence offered but mere-i always saving themselves from Trying to convey to any jury that it is necessarily true.

At 9 pim. another good game was

WEATHER REPORT.

December 2d. 124. 35m-No returns from Japanese" ations I'ressure ganges are e erywhere slight the anti- cyclone remaining practically stationary.

Fresh to streng mons on will prevail along the Chica const, sai over the 1th China Ses.

Eng Rainfall for the 24 hours Inding * 10 a.m. to-day, 0.00 nich. 1 ainos Tanoary 1st, 78,15 webes.. SALES NA BT age of 92.10 inches.

or the 21 bones whre at December Blas.

winds, fresh: tie.

Fransa Chuted." The swete ag

-Sout! count of Chem

hong and Lamecks. The same 19

Centh annat

le 1

ly state the story of what happened seen when F. L. Cooke-123 met er more probably a part of what hap-| may, pened, because there was nothing to

A. G.. S. Morton-125. have been incomplete." Thit is the indicate the reporter was presenti Both these players starting from second time they have stated it; throughout and heard all the evidence. the same mark were in a detfrmán first paragraph and the Beginntag will supplement these comments at mood and started very carefully,kong and Balan of the second, And that the these six articles, every one of which prisoner's advocate may have made is equally alleged to prejudice this a better fight than he is repreen in his trial, by reading to your sented to have done.", Again they: Lordship the affidavit which Mr. cuard themselves. It is all Burnett has filed in answer.

riticism of a reporter's report so far. On the story as it stands " - do not know how much more they could guard themselves than they have this must be our criticism, All this harping on the man's demean-

:

giving nothing away. Morton gradu ally drew ahead until he was #7 in front. Cooke nothing daunted kept compiling useful breaks until finally he drew up to his opponent and con- winner by 43 points. Final scores: tinuing with confidence. ran out the

Cooke-125, 250. Morton-125,

Mr. G. W. C. Burnett filed an affidavit in which he stated. inter alis that he took upon himself full respon-205. sibility for the articles in the China Mall of December 11 and which he

17.16.15. and Morton 28.18.16.15

Cooke's chief breaks were 21.19.18.-

our, whether he was calm, whether he read and approved before publication. turned pale, was waste of time. He had no intention of showing any On Monday night at 9 p.m. E. D either to convict or acquit him. We, disrespect or contempt of court or cf Golding-200 meets Blankison-40 cannot understand how professional any intention whatsoever of enden. in the semi-final.

men. +

ית

So it is perfectly clear vouring to prejudice "the fair trial of; that it was the prisoner's advocate's, the accused person either in his favour

to exercise jurisdiction.

His Lordship': At this stage we know nothing about what the Crown is asking for.

The same 65

T. P. CLAXTON. Directus. Hongkong Observatory, Dec. 20, 1919.

HONGKONG TIDES.

The tide-table kiven below has been ompiled at the National Almanac Office in London from the result of the analysis fpbservations taken by means of an intomatio tide-recording machine in the Vater Police Basin at Tsim Sha Tsui turing the years 1905-8.

The zero of the table corresponds with

hart, which has been found to be fact

inches below mean ses-isvel!

To obtain the denth of water on the ide gate at the Victoria Naval Fard. dd 3 font 4 inches, and on the gauza Mr. Alabaster replied that he hadt Lamont Dock, Aberdeen, add 10 feet fat bes to the height given in the table.

December 1 to 2), 1819.

HUGH WATKIL

argument that was being criticised, or against him in the event of his discourage the application by refusing the tere of the sounding in the Admiralty not the evidence at all-"We cannot being brought for trial, but regarded understand how professional men, the paragraphs as being partly in the can be so simple as to suppose these nature of a warning to the public of things are evidence. The biggest the possibility of any person being cheats and the biggest liars can have arrested and committed for trial should the most brazen fronts. Have we not he pay over to the bank money which the recent instance of a northern was in fact bad and consequently tried to deal with that in anticipation. contemporary's comment on the ap- should take greater care than hereto-He had dealt with two alternatives pearance of the Count de Toulouse fore to ascarisin that money received and could deal with a third if it was Lautrec de Savigney of whom it was was actually good: and partly brought up) either for asking for a said that honesty beamed in every criticism on the value of demeanour committal or whether they would be line of his face. He was a childish cheat, his frauds all being as trans. Kenerally and the effects of nervous content with an apology and costs. ness and temperament thereon. He He held that it was. not a case which pagent as his own mental state which had the fullest respect for the laws their Lordships should deal with on was are of monmania. After they of the Colony and Courts of this the basis of accepting an apology and have bullied him for a while longer his malady will increase and he will Colony and if this honourable Court Costs because any application for think he is the Tear of Russia." It should be of opinion that the publica. apology and costs are to be discour It was not his Pauls that he goes then into another matter, the tion of the articles in question was aged. study of psychology in relation to contempt he desired to apologise for had not heard any argument and did material facts.

that publication.

not know what the case for the Crowa Wed. was. They now knew that there' was'' to be no trial at all to be prejudiced. has a nolie prosequi been entered?

His Lordship: As a matter of fact?

His Lordship On the face of that Mr. Alabaster then read further extracts from the paragraph reading statement we say once that we The point we would have laboured accept the assurance there was no ei her as magistrate or counsel was intention to either commit contenupti this man's presence ar the bank. If of court or prejudice the trial on the there is one place where planters of honourable assurance given by Mr. fish paper do not go to operate it is Burnett. the bank. Was there, we would have' asked, any evidence that the man had tried to cash them elsewhere."

Mr. Alabaster & Then your Lordship will make a discharge rule?

They do not say they know what the article itself was contempt is quite His Lordship: No. Whether the

another matter. We must see whe-

evidence was before the Magistrate; they rely on the reporter's story and they ask if there was any further ther the law permits such comment.

evidence.

Coming to the statement "Here is the occasion of our interest in this case" Mr. Alabaster said: They stare. here why they write. The are writing this in the public inter

est, not because of the trial.

The Chief Justice observed that that might be said about any case.

Mr. Alabaster said he must con tinge his quotations of the authorities. He would quore the law of the land later since he had a mass of it. The question was, was there contempt of at under the circumstances, just court and were the proceedings in this fied? Were their Lordships justified

The Attorney General: Yes. It was entered after the commencement of these proceedings.

Counsel then proceeded to argue at length that to prejudice a rial there

foundation of the contempt. must be a trial in which somebody could be prejudiced. That was the

His Lordship: Supposing there was a case in which there was a defen dan: and the prisoner concerned died before a criminal trial?

Hongkong

Mean Time

100.

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Thurs

Fri

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ny

Low Warn

Lunekotk Mesa

LIST OF PASSENGERS.

Per S.S.

DEPARTED.

December 18.

Dilwara "Mr. R.

Bahadur Hamid

Mr. Alabaster: Your Lordship Kenndy, Mr. M. Bhagwandas. Mias means before the prisoner was called. Bagwandas, Miss L. E. Manley. upon to deliver an answer to the Mr. Ind Mrs. J. W. Clark. Mr. and that case that no preceedings could be dew Hon. Sir J. du Boulay, Lieut.- alleged contempr? I should say in Mas.. F. Hilmer, Hon. Sir A: Car- aken on the grounds of the author: Col. Jackson. Lieut. Col. W. J in exercising jurisdiction which the ties I have given because the parti- Buckan. Khan learned Attorney General had asked cular contempt which would prejudice Hushin. Mr. D. M. Durairajo, Mr. Mr. Alabaster: He has stated their Lordships to exercise in the the trial cannot be contempt of court N. A Mitchell-lanes, Mr. J. W. that the interest is not discussing case? He wished to say first of all unless the trial takes place. the question of the guilt or innocence that it is the jurisdiction that the Court would be fortunate for the news-H.. Scudder, Miss M. S. Scudder. That Stedman. Mrs. J. G. Pootey, Rev. of the prisoner as in the course of exercises with the greatest caution and paper. In this particular case it is Mis L. Bookwalter, Mr. and Mrs. F.. the next few words you will see,

greatest reluctance. "It is in the public interest, bud tercise hastily the powers vested in

They did not fortunate for the newspaper because Bones, Mr. and Mrs. W. R. Scott. money is common here.

it relieves it of any liability which it Di and Mrs. N. E. Tirus. Miss I. We are the Court and the Court never failed constantly receiving it and as co to act upon, to refrain from exercis- might otherwise have laid itself open Hutton. Miss W. Eaton, Miss H. stantly passing it again. Not knowing jurisdiction unless the Court felt those which occurred before Lord ad Mrs. H. C. Herma, Mr. and Mrs. 10. It is a similar sort of case to Bckader. Mr. H. V. Merten. M:. ingly of course." It is a warning to that it was justified in doing so and Campbell's act where it was said it CC, White. Mrs. McP. Le Moyne, the people to be more careful in the

the offence was such that no other was cheaper to kill a passenger than is. Black, Miss Black, Mr. P. H. examination of money they receive.

The Chief Justice remarked that course could be followed.

to injure him in a railway accident. G., Jonckheer, Mrs. M. C. Jonck- those words would go to establish the Counsel then made some references Before Lord Campbell's act someone her. Miss C. Q. Jonckheer, Miss E. absence of thens res. It would be to cases cited in Halsbury in support is injured in a railway accident and Cutts, Mr. E. T. Pickard, Mrs. a good argument for counsel for the of his argument which was to the breaks his leg and the Company is A Driver, Mrs. E. Wachter. Mr. H. defence that money is being passed effect that such an application must no doubt liable. If before the trial Gilfe, Mr. H. S. Darlington, Mr.. off. It was all prejudicial in favour of be carefully looked into and a case, comes on the man dies then the rail-Catling Mr. H. S. Darlington, Mr. the innocence of the accused in the should be resorted to only where the way company is relieved of its respon-L. Weinstein, Mr. W. C. Vander- fact that he had no guilty knowledge criticism of the administration of sibility. It was comment which counsel would address to a jury.

case,

justice may prejudice the particular His Lordship: In that case it is only the individual himself who is affected. In this particular case it is the administration of justice, that is affected.

. Capt. Plomley, Mr. and Mrs. Brown, Mr. F. L. Painter, Mr. N. Hurwitz, M. H. M. Richards, Mr. C. Smith, Mr. W. P. Bircedir, Lieut. Hamilton.

Mr. Alabaster: The object of this Mr. Alabaster at this stage inform article was to warn the public to use ed the Court that the Attorney-Gen- greater care because in the absence erul told him it was a fact that in this of greater care than the public usual particular case he had declined to ly shows the unpleasantness of arrest file an indictment. Their Lordships and even committal may result. would no doubt take that into conjustice generally, in the alleged coa-s. A. Bower, Mr. K. Gulbrandsen,

This case therefore is used as a sideration.

peg.on which to hang a disposition His Lordship: What did you say? on the prevalence, of bad money. Mr. Alabaster; This man is not to

It was used as a peg. It was not be put up for trial.

the subject matter of the article, it was

the text on which the article was

Counsel then quoted further

written, just as a clergyman takes a authorities and said that there were text and on that bases his sermon.

The Chief Justice: It is possible

Mr. Alabaster replied that it did

December 19.

not take in the administration of Per s.s. "Novara "--Mr. and

terupt. It was whether the indict-

ment showed that it was this particu- and Mrs. C. H. Brangvin, Miss. lar: trial which would be prejudiced AE Brangwin, Mrs, E. M: Kornit- by the comments referred to,

His Lordship: You are only here

to answer an allegation made against

no rights to be protected. How could you that you have done something which will obstruct the administra-

that there was no intention to com. their, Lordships commit? He had tion of justice in one particular trial.

1

Counsel proceeded to quote further authorities at considerable length in support of his argument,

、

rit contempt. The point is whether made two points so far. They could' the article constitutes contempt. hot commit except in an extreme case Mr. Alabaster: I will give au where it was absolutely necessary for thorities to show that it does not but the preservation of men's rights they His Lordship. In other words you I thought it would be better to make shoulé, and if the case was not one say that the article referred to will your Lordships au fuit with the in which they should. commit and not prejudice the trial at all because

article.

there is to be no trial?

Miss M. Kornitzer, Miss B Hnitzer, Rev. E. J. T. Stanley, Mr. Bent, Comdr. C. M. de Carvalho, Adam Carvalho, Miss Carvalho, As S. de Vasconcelles, Mrs. E. ser, Mr. and Mrs. J. D. Ohler, and Mrs. O: B. Taylor, Mr. and

H. B. Hooper, Mrs. R. H.. Miss R. Tyler, Mr. HM. son, Mr. and Mrs. S. E. Hodge, 40. L. Coward, Mr. G. Baade, T. Baade, Mr. A. D. C. Bothe, Bathe, Capt. and Mrs. B. D.. crald, and Miss J. M. Laing

Counsel then read further extracts which they did not ask their Lord-

Counsel replied in the affirmatives from the article which ended "The ships to commit but where the only and after further argument the hear- face is not a faithful index of-the object was to secure, an apology and Ing was adjourned uẩn” Tuesday

costs it was their Lordship's duty to morning.