1919-12-20 — Page 7

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SATURDAY, DECEMBER 20, 1919,

"CONTEMPT OF COURT."

"CHINA MAIL" CASE ON

TO-DAY.

In the Supreme Court this morning... before a Full Court, Sir William Rees Davies, KC, Chief Justice and Mr. Justice Gompertz sitting, George William Cade Burnett, editor and manager of the China Mall was charged with contempt of Court.

The Attorney-General, the Hon. Mr. J. H. Kemp, C.B.E. appeared for the prosecution, and Mr. C. G. Alabas. ter, O.BE, instructed by Mr. C. D Wilkinson of Messes. Wilkinson and Grist appeared for defendant..

Mr. Alabaster said: appear, in- structed by Mr. Wilkinson to answer "on behalf of Mr. Burnett in obedience | to your Lordship's order of the 17th day of this month. "

His Lordship Is Mr. Burkett in Court?

|

A POLICE FUNERAL.

UNIVERSITY OF

HONGKONG.

THE CHINA MAIL.

The funeral of the late Sergeant Woolford of the Water Police whosc The Hongkong University Medical death occurred yesterday, took place at the Hongkong Hotel on 18 lost.. Society held its sixth annual dinner last evening, at the Protestan: Ceme-ander the chairmanship of Dr. C. W. tery. The coffin draped with a Union McKerny, The Hotel orchestra was Jack was borne on a gun-carriage in attendance, and among these drawn by Sergeants of the Force. H. Crook, N. T. Mackintosh, M. K. present were Messrs. Ho Kwang. A. The procession was headed by the Lo, Ho Leung, Grose. Capt. Macaulay, band of the Wilshire Regiment, which Professors Jordan, Warren, Wright, i

and Digby, Drs. E. S. Taylor, G. C. Played the Funeral March. Amongst Wang, F. M. Ozoric, B, C. Wong, C. those present wore the Hon. Mr. E.H. Luk, A. M. Wao, F. H. Wong. W. D. C. Wolfe, C.S.P., Mr. P. P. J. Woodman, T. C. Wong K. K. Wong, Wodehouse, C.E., D.S.P., MA. Č. 5. C. Ho, H. C. Ho, H. C. W. and ; G. Perdue. A.S.P., Chief Inspector B. de Souza. Kern. Inspectors Gordon, Grant, Dr. C. W. McKenny, in a felicitous Macdonald, Kent, Earner, and Davitt: Speech, proposed the health of the and a large number of deceased's fel-guests of the evening. he was low sergeants. The Navy was repre,pleased to see Mr. Ho Kwong present. Sented. The deceased was formerly and wished to thank him for his Admiral Jerram's 'coxswain on board profound interest in the doings of the the flagship H.M.S.Minotaur."

Society. The Chairmat mentioned that vast improvements were made possible in the Tung Wah Hospital The following sent Boral tributes: through the efforts of Mr. Ho Sergeants Mess. Water Police Stawong as chairman of the Board of tion: Sergeants. No. 7 Station: Ser-humorous manner to the part taken Directors. He also referred in a geants Mess, Yaumati Police Station by Dr. E. S. Taylor as one of the No. 2 Police Station: Werders Mess External Examiners in the recent Sergeants" Mess. Central Police Station; Members, Fire Station Mess. Final M.B., B. S. degree Examina Crew and, Europeans, No. 1 Launch; Sergeants' Mess, Shaukiwan Station;

The Rev. V H. Copley Meyle con- ducted the burial servic

Mr. Alabaster-Yes, my Lerd, Mr. Burnett has filled an affidavit which shall read to your Lordship and the effect of that affidavit and what I shall say will be this that no contempt of this honourable Court was intended by anything that appeared in the articks in respect of which complaint is made. Further we will contend that as a matter of law no contempt of this honourable Court is disclosed by those articles, but should we be wrong United Service Lodge No. 1341.C.C suitably replied on behalf of the

in our view of the law and should.R.N.Y.P. Mess, Inspectors, Sanitary there be in Your Lordship's opinion Department: P.C.'s Mess. "Central contempt disclosed, on behalf of Mr. Station, the Hon. Burnett I have to apologise in the Wolfe, C.S. P. Mr. P. P. J. Wade Mr. E. D. C. fullest and most unreserved manner house. C.1.E., D.S.P.; Mr. C. G. to Your Lordship for the contempt. Perdue. A.S.P.: Chief Inspector if any, is disclosed. Your Lordships Kerr: will observe from the affidavit of Mr. Wakeman that the particular type of contempt, one of three kinds of contempt and one only is alleged, that is in paragraph three of M. Wakeman's affidavit-in my spin fon the contempt consists of some thing calculated to prejudice the trial of the prisoner at the Criminal Ses siona. Before I refer to authorities perhaps I might refresh your Lord ship's memory by reading the Article complained of..

tions.

Mr. rio Kwong and. Dr. Taylor

guests,

was ably proposed by Dr. G. H. The toast of the 'Medical Society

papers that had been given since Thomas who read out a list of the 1917. He hoped the progress of the Society would be maintained and future. wished the Society a successful

Murison: inspector Macdonald; la

Chief Detective Inspector Spector and Mrs. Grant; Inspector

Prof Earle, in replylag for the and Mrs. Gordon: Inspector and Mrs. Society, said he was extremely glad Earner; Inspector and Mrs. J. to see so many medical graduates of War: Inspector and Mrs. Kent: In Hongkong as well as those of other spector and Mrs.. Angus; Inspector universities present, and believed that and Mrs. Davitt; Sergt. and Mrs. this annual function would un- Appleton, Sergi. and Mrs. Hoare: doubtedly

tend "to encourage Sergt. and Mrs. Langham: Sergt. Wa 'closer professional friendship Johnson: Sergt. and Mrs. Floyd: among the doctors of Hongkong Sergt. and Mrs. Corton; Sergt. and and the medical students of Mrs. McKay Sergt. and Mrs. Phil the Hongkong University. It was Mr. Alabaster then proceeded to lips: Crew. No. 3 Launch, and Sergis.his privilege to announce that Dr. read the articles complained of. Ir Thompson and Blackman; Sergt. and G. H. Thomas, the first graduate of commenced, "It is possible that Mrs. Grimmett; Sergts. MeWalter and the Hongkong University, had been Magistrate Wood, had something Chambers: Serg, Hollands, Serge, recommended for the doctorate in more before him than-was indicated Murphy, Sergt. Jay. Sergt. Thloss Medicine, and on behalf of the by our reporter's story yesterday, Mr. J. Townsend, Mr. and Mrs. Tit Society, he congratulated him on his about the man who was committed mus: Mr. Gast and Mr. and Mrs.unique achievement.

for tendering forged Indian bank Allen.

notes."-No man's name is mentioned

KOWLOON BRITISH

.SCHOOL.

BREAKING-UP PARTY.

Prof. Earle was of opinion, that the time was ripe for the foundation of a university hospital, and was confident that the generous public would, as usual, readily respond financially to any appeal made by the University in his respect. In conclusion, he spoke of the coming departure of Dr. McKenny on furlough, and asked those present to drink to his health.

A flashlight photograph was taken at the close of the dinner.

and the article purports to comment or the reporter's story, which the writer does not necessarily accept as full, or as fully disclosing all that transpired. He guards himself in the opening words 'it is possible that Magistrate Wood had some thing more before him than was indicated by our reporter's story; yesterday about the man who was A very enjoyable Christmas break- committed for trial for tending ing up party was given to the pupils forged Indian banknotes. On the of Kowloon British School, first in stery as it stands "not on the the Hall of the school and afterwards evidence before the Magistrate-"we in St. Andrew's Church Hall, yester express surprise that a committal day evening. The school building was made.' There again, if it is was tastefully decorated and the comment on the trial and not majority of the little ones were attir on the story one could hardly ed in the fancy costumes they wore say it was comment tending to the occasion of the recent prejudice the prisoner on his trial.cial Tea, cakes, sweets, crackers invited by Santa Claus to meet him "The Captain of the ship on which etc., were supplied in unlimited quan- the man had been regularly employ.tities and the evening was spent in at the Peak Hotel on Monday, 22nd ed for five years gave him a good trae old English style Christmas ins... are cordially invited to accom- character; said he believed him revela. Mr Grieg, 23 Father honest. That alone proves nothing. Christmas," handed out bags of

pany their children. The Festive The greatest criminal can easily get sweets to those who promised to season, locks like going with a swing

so-

XMAS AT THE PEAR HOTEL.

Parents of children who have been

a certificate of character. A witness be good" and Mr. Jenner as a clown and the management of the Peak confirmed the man's story of where, was indefatigable in his efforts to be Hotel is making a special effort to whence and why he got the a clown and the shrieks of delight make it worthy of the first peace notės. That was circumstantial were almost deafening as he went Xmas. and by itself insufficient to convince round with his "clapper" delivering The bank said the forge:ies resounding blows on the backs of were well executed, That is in all and sundry. There was to have favour of the theory of innocence been a kinema show in St. Andrew's though it does not prove it." There Church Hall later on in the evening.

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not comment that could prejudice the prisoner in his trial. I would imagine if it had any effect at all, and I submit it would have no such effect, it would prejudice them in his favour; with the law already establishing a prejudice in his favour by a presumption of innocence.

The Attorney General: It might prejudice the prosecution.

Mr. Alabaster: That is not alleged. If it is to be tendered I will have my reply.

The Chief Justice (reading from the application) "Prejudice the trial

of the said prisoner." That means

games and other, pastimes were ar ranged so that the disappointment was somewhat softened.

Mr. Nightingale and those who assisted him are to be heartily con gratulated on providing an entertain. ment which was fully appreciated by all.

advertisementé the advertisement on

the 17th and again to day?

TO-DAY'S ADVERTISEMENTS.

R.

NOTICE.

The Crown rushes in-and Hong TT 18 BEREBY NOTIFIED that, in kong has a notoriously short memory

- consequence of Certain Public

and says on December 11 somebody Worke in progress, that portion of the case as a whole. It means the says something. Nobody on the Rester Street extending from Pound case for the Crown and for the jury would remember that when, and. Line to Hospital Road will be CLOSED prisoner.

if, the man was tried-because a from the 26th instant until farther

Mr. Alabaster: I am submitting committal does not mean, a trial here notice, there is a presumption of innocence where we have the Attorney-General and if it could prejudice the Crown performing the function of a Grand in the prosecution of the case it Jary.

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would only put them on guard that The Chief Justice:-That is not if they desired to prove their case the point Mr. Alabaster, it is outside "they should have as they have the argument. The point is this every right to do-more evidence comment on certain evidence taken than was disclosed in the reporter's by a reporter of this newspaper before story. It may be that it was before a Magistrate. The Magistrate commits the Magistrate, but if it was not before the man and then the newspaper the Magistrate they could get it. No in this column proceeds to criticise OLD & NEW CHINA WARE. one knows better than the Attorney the Magistrate pro or con. and whe General that people are not tried the that criticism will weigh in always solely on the evidence before favour of the Crown or against it the Magistrate, still less are they does not arise,It is not a criticism tried solely on the evidence disclosed on a reporter's story of what actually in a reporter's story. They are tried takes place and on which the com- on such evidence. as the Crown mittal was made,

chooses to bring forth at the Mr. Alabaster: The question is trial. That is what they are tried on whether contempt was committed so I submit it cannot prejudice the or not and I am trying to show. Crown or the prisoner. In fact if the The Chief Justice: You said the Crown contends that they or the pri- Crown rushes in. The point is you soner are prejudiced by the comment I have to show this is not comtempta have read, I may ask how much if it is contempt the Crown should more will the Crown or the prisoner bring it before the Court, be prejudiced giving it this double Continued on an

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