1920-03-31 — Page 5

Page

WEDNESDAY, MARCH 81 1680 °

LAW OF "POSSESSION.”

he was holding in his hand; or that the tins of opium were tied roURP hia waist without his knowledge. In cases where the oplum was found in boxes, under bed mattresses, Of.FTER in a man's pocket itself, the duty of the prosecution becomes harder inas- much that it had to be proved that he knew of the presence of the opium oplum, was about or on his person.

At the Magistracy before Mr. N. L. Smith, yesterday afternoon, the bearing was concluded in the case in which a Chinese living at No. 1, Mercer Street, was charged with the unlawful possession of one teel of prepared non-Government 169 forred opium labels, and 50 rounds of 39 smokeless revolver not say ammunition.

4

The case for the prosecution was that the Police entered the house on a search warrant, and under the mattress of a bed on which the defendant was lying, they discovered the contraband

The defendant denied that he knew that the contraband was under the bed mattress, and said he was absent from the house all the previous night, and it was possible that the contra- band was pat under the mattress during his absence.

character.

His Worship sald" that be was satisfied on that point, but he would like to hear what the defendant's servant had to say.

B

A defendant in a case need

word to rebut charge against, bim as it was not up to. him to prove his innocence. If be makes any statement at all, after the opium had been discovered, it need not necessarily be to rebut a charge of "possession, but to prevent any mich charge from arising.

THE CHINA MAIL.

SPECIAL CABLE.

AMERICAN FINANCIER IN

⠀ ́ SHANG WAL..

[China Mail SPECIAL]

SHANGHAI, March 31. "Mr. Lamont, representative of the Morgan firm has arrived in con- section with the proposed consor

tium loan to China."

•

THEATRE ROYAL

MARY GOES FIRST.

Ultimately, Counsel referred to two local cases, which had some bearing! on the case before the Court. The

Concluding their season ia Hong. first was that of the Crown, v. Ramos, before Mr. Hazeland in Dec. 1914. In kong the Marle Tempest Company that case, Mr. Ramos had a consign presented "Mary Goes first by ment of furniture "sent to him from Henry Arthur Jones, at the Theatre Mr. FC. Tenkin (instructed by Manila. Amongst the various pack-Royal last night before a fair Mr. Leo d'Almade appeared for the ages of furniture, opium to the value of audience. It is a comedy story all defence and said that if his Worship $30,000 was discovered. Mr. Ramos through. It is based on questions so desired, he could call three wit-admitted to Chief Revenue Officer of etiquette and how to gain a nesses to speak as to the defendant's Wildin that the furniture was con- baronetcy, Sir Thomas Bodsworth signed to him, and he was charged has just been knighted and his Lady with the possession of the opium doesn't forget to impress the fact on Mr. Ramos denied that ke knew the her friends both as regards speech opium was among the furniture, and and a lovely wig of blond hair. Mary, the learned Magistrate held that who has heretofore gone first. although it was very unfortunate, schemes for a title. She beseeches the defendant must be discharged, her husband by judicious digs the

gentle sex know how to do this because the prosecution had failed to

Besides, to forsake his Tory inclinations and prove guilty knowledge. reasoned Mr. Hazeland, if Mr. go in for Liberalism. Still he does not Ramos had known that there was enter the House as the loss of his $30,000 worth of opium with the golf clubs preys on his mind. That Furniture, would he have entrusted does not prevent the title coming the packages to a few boat people? his way and mutual feelings of That in itself established Mr. Ramos' charity replace former strife. The question of precedence in etiquette innocence.

On the following December, said remains unsettled. Mary and Lady Counsel, Mr. Hazeland had another Bodsworth intended to go through case of possession of opium before the door together only it wasn't It was not up to the defendant to him, in which three respectable big enough. prove his innocence. Counsel said looking

Mr. Jenkin said that the servant's evidence would be of no material help, as he did not know anything more than the defendant, about the case.

His Worship said that in that case, he was prepared to dispense with that witress.

Counsel then addressed his Worship at length with regard to the or dinances under which the three charges were brought against the defendant, and contended that in each case, the onus of proof as to possession, lay with the prosecution.

a

not

CHAMBER OF COMMERCE

COMMITTEE MEETING.

ELECTION OF CHAIRMAN AND VICE-CHAIRMAN.

At the meeting of the Committee

TO-DAY'S ADVERTISEMENTS"

WANTED

WANTED.

Competent STENO- TYFIST Apply Box No. 1182

c/o "China Mail."

elected for the ensuing year at the DOUGLAS STEAMSHIP COMPANY, annual general meeting of the Hong

köng. Chamber of Commerce, held the Chamber'a Assembly Room direct-

LIMITED,

A00 per share has been de

N INTERIM DIVIDEND of 6%

after the annual meeting, the Hon. Mr. P. H. Holyoak was elected Chair- mas and the Hon. Mr. E. V. D. Parr,clared and will be payable on the 15th “Vice-CháirmÁN.

of April, 1920.

STEAMER FROM ITALY.

LLOYD TRIESTINO

· The 'Lloyd" Triestino steamship. " Africa," 15 due at Hongkong from Trieste, Brindisi and Fort Said, with 4,000 tons of general cargo on board on or about the 26th of Aprit. She will depart from Hongkong home wards on the 29th.

The "Africa" has a speed of about 12 knots per hour, and is chiefly intended for the transport of freight, although she has accommodations

The TRANSFER BOOKS at the Company will be CLOSED from the 7th of April to the 14th April, Soth days inclusive, during which time no Transfer of shares com be registered.

DOUGLAS LAFFAIK & CO.

* General Massagers. TOTGLAS STEAMSHIP CO., LD. Hongkong, March 30, 1920,

NOTICE TO CONSIGNEES. THE

HE Steamship

DACRE CASTLE."

FROM NEW YORK.

for 76 first class, 40 second class andONSIGNEES of Cargo are hereby. 26 third class passengers.

The Hongkong agents of the Lloyd Triestino are Messrs. Dodwell & Co., with offices in Queen's Building.

MOVEMENTS OF SHIPS.

informed that all Goods are being landed At their risk into #ka Godowns of the Hongkong and Kew- loon Wharf and Gedown Company, Ltd, Kowloon, whence and/or from the wharven delivery may as obtained, Optional Cargo will be forwarded unless noties to the contrary be given before.

No claims will be admitted after the

Europeans, passengers The manner in which the piece COMPAGNIE DES MESAGERIES Goods have left the Godowns, and all

that it had always been the principle on board the "Tenyo Maru" were was produced was excellent; of law in every part of the Empire, concerned.

guilty no fewer that

is man until it is proved beyond the possibi lity of a doubt, that he is. That be ing so, the defendant need not say a word in his own defence.

MARITIMES."

These people had "went from start to finish. Miss than eight trunks Marie Tempest made a great part of The... "Armand Beble," of with them, all bearing labels with Mrs. Whichello (Mary), hitting off 10,000 tons displacement, is due in their names on them. It was alleged the idea perfectly and the same may Hongkong from Marseilles, via ports, by the prosecution, that they learned be said of Doris. Gilman who was a on the 8th of April, and the sa that the Police had got "wind" of very effective Lady Bedsworth. Mr. "Paul Lecat," 20,000 tons displace

Browne takes the matter. and they tore the labels Graham

pridement, will leave this port for Marseilles via ports on the 4th of April

In support of his contention. Coun sel referred to many old, as well as off the trunks. When the opium was of place among the male members. recent cases of possession of solen found in the trunks, they admitted As the husband who is coaxed until property; which principle, he said, the trunk were theirs, but they denied he can endure it no longer and takes applied also to possession of non- that they knew what was contained a firm stand, only to be goaded by Government epiam. Counsel said in them. They brought into the case his wife to quarrel while engaged that his chief reason for quoting the the name of a man called Cohen, who in an "amicable settlement he was cases was to prove to his Worship was a zoterons opium smuggler, but excellent. Mr. Herbert Millard and that the contention he was putting of whose snuggling fame they were Mr. Roger Barry were quite good in forward, had been upheld by more ignorant; who had requested them their respective parts of Sir Thomas than one Judge to be correct. He to bring several trunks of cinemato- Bodsworth and Felix Galpen. thought what he was going to say, graph films to Hongkong, and they would come as a surprise to the complied. They alleged that they Police Department as well as other were under the impression that the prosecutors, but it was not sufficient trunks contained films. With regard proof, because a thing was found to the labels, the defendants alleged about, or even on a person, that he that they were rubbed off during is guilty of possession. It had to transit.

RUSSIAN VOLUNTEER

-FLEET.-*

The Russian Volunteer Fleet wai be conclusively proved first that the The learned Magistrate found that defendant knew he had the thing in the whole case revolved arcund the founded over forty years ago as an bis possession. Counsel said that point whether or not the labels were adjunct to the Russian Imperial Navy often cases of possession had been un-rubbed off in transit. If it was pos-in time of War. The Fleet's first defended, and many persons had been sible for them to be rubbed off, then it Naval service was in the Russo- convicted because some contraband could not be said that they were torn Turco War, at the close of which it had been found in their pockets, off. If it could not be proved that was assigned to mercantile trade. or in a box, the key to which they the labels were torn off, then there had but that does not alter the Jaw which required that proof must be-produced by the prosecution, that a defendant knew the contra band was in his pocket or box. If

it

The Fleet bas, at present, 42 was no proof that the defendants steamers in operation, of tonnage knew what was in the trunks. After ranging from 2,000 to 20,000 tons some consideration, the magistrate displacement.

W23

The Compagnie des Mesageries Maritimes operates a fortnightly service between Marseilles and the Far East, booking most of its home ward-bound passengers at Haiphong and Saigon. The company is running 8 large steamers of displacements from 10,000 to 20,000 tons. older and smaller vessels make a speed of from 13 to 14 knots per hour, while the 'big steamers make, from 15 to 18 knots:

The

The Line is said to be fully book ed up with passengers to the end of July, from Haiphong and Saigon.

The Hongkong offices of this com- pany are located in Queen's Building.

CRICKET.

1.R.C. v.

C.R.C.

TO-DAY'S ADVERTISEMENTS.

Goods remaining undelivered aftar the 6th April, will be subject to Trans.

All claime against the steamer most be presented to the Undersigned en or before the 16th April or they will not be recognized.

All broken, shafed and damaged Goods are to be left in the Godowns, where they will be examined on the 6:5 April, at 10 am. by Mears God- dard & Douglas.

No Fire Tamranco-ban bean affected. Bills of Lading will be countersigned

DODWELL & CO., LTD..

Agents. Hongkong, March 31, 1923..

by

PUBLIC AUCTIONS.

LE Undersigned have received Initrao-

tions to sell by Public Auction, (For account of the concerned)

WEDNESDAY,

April 7, 1920, commencing at 2.30 pm, at their Bales Booms, Ka & Des Voeux, Road, Corner of Ice House Street,

A Small Consignment of HOUSEHOLD" LINENS, 80,

Comprising

Also

A few lots of Brass Jardinieres, Large. Kinkosen Vases, Japanese Vases.

And

Two Travelling baga and Sait Case.

Terme-Cab.

HUGHES & HOUGE,

Auctioneers. Hongkong, March 30, 1990-

found that it had not been proved The principal services are The The following will represent the

Turkish Towels, Bath Towels, Bath that the labels had been torn off by East Express Line, steamers "Penza" IRC in their League fixture against that was not proved, then the mere the defendants. The next point his and Simbusk." running between the CRC. on the latter's ground Sheets, Double Bed Sheets, Battenberg fact that the contraband was found Worship had to consider, was whether Vladivostok-Tsuruga and Vladivos on Saturday at 2.15 pm. A. Hand Drawawork Bedspreads, Table about him, or on his person, did not or not it was possible for the labels tok-Nagasaki-Shanghai, in connectionRumjahn, A. el Arculli, G. C. Earde, Covers, Crochet and Drawnwork Doilies. establish his guilt and he was entitled to be rubbed off. He found that it with the Trans-Siberian Express S. H. Ismail, S. A. Ismail, S. D.

but whether Or to be acquitted. Counsel said no was;

not Trains. The Gulf of Tartary Line, Ismail, A. A. Rumjahn, D. Rumjahr, one could be said to possess a thing it

possible for every making 16 trips during the naviga- N. M. Bux, E. A. Moosdeen and unless he knows he possesses it. In label on every trunk to be rubbed tional reason to ports on the R. Nasarin. the case of his client, the contraband off, he did not know. There was Amur River, the Northern Line was found under his bed mattress, a doubt, and the defendants were operating between Vladivostok and but there was no evidence that he given the benefit of the doubt and Behring Sea ports, and the London- New York service of 11 ships. the knew that was there, discharged.

9.5. "Vladimir." "Voronej." "Eka- that

put there with his knowledge and

Kostroma," consent.

tericoslav," "Kiev,"

"Tamboy," Continuing, Counsel reminded his

"Nijni-Novgored," Wership that the law is the same for

"Yaroslavl," "Perm," "Kursk," and every person whether he be rich or

"Mogilev." poor, educated or otherwise. If in stead of the defendant, lie (Counsel) had been found in possession of opium, he did not expect the treat. ment he would receive to be different from that which would be meted out to the defendant.

Proceeding, Counsel

Was

read

a

In conclusion, Counsel said his client was the master of a draper's firm in Sunning, and often came to Hongkong to do business with some local drapers-three of whom were willing to give evidence in his behalf. On the night previous to the discovery

a

The ships now in the LondonNew York service, formerly operated be of the cor aband, he went to tween Odessa, South Russia, and

ad bad

Food Vladivostok, via ports, including Yaumati time. He did not return to Hongkong, and it is hoped this his room until 9 o'clock on the service may be re-opened at an early following morning. He was sitting date.. talking with a friend, when the Police

The Home Offices of this Fleet are

Eastern Offices at Vladivostok, and the Hongkong Offices in St. George's Building.

case In which despite the came in and going straight to his in St. Petersburg, the Head Far fact that certain stolen goods bed, found the opium under the mat were found in a box the key to tress. He naturally at once denied which was in the possession of knowledge, and has continued to a man; the case against the man deny it ever since. It was inconceiv failed because the first essential fac able, said Counsel, in view of the fact tor-knowledge of the fact that the that several seizures of opium had goods were in the box-was not con- been made in other parts of the clusively proved.

house recently, that the defendant would be so foolish as to, conceal un der bisbed mattress, the very thing the Police were looking for.

the contraband was

The Russian Volunteer Fleet bas had its share of bad luck, having had its trade disorganized four times since its inception, the first occasion being the Russo-Turco War, the second the Russian-Japanese War, the third the war with Germany and the Central Empire, and now the uprisings of the Reda,

THE GREAT NORTHERN TELE- GRAPH COMPANY, LTD, OF DEMARK HONGKONG STATION.

of

£

have TO-DAY handed over charge this Station to MR. N. LUND;

T. KRING, Saperintendant.

Bongkong, March 31, 1990,

THE GREAT NORTHERN TELL-

GRAPH COMPANY, LTD., OF DEMARK HONGKONG STATION

of this Station!!!

have TO-DAY taken over charge

N. LUND, Acting Superintendent. Hongkong, March 31, 1920.

NOTICE.

have THIS DAY REMOVED my Office to No. 17, Queen's Road, Central, Ist floor.

In the case of his client, said Counsel, the contraband was found under the mattress of the bed on which he had not slept on the With these remarks, said Counsel, previous night-because he was some he would leave the case entirely in i where else. He was not the first his Worship's hands and leave him man in the Colony to aleep away to decide whether or not he would from his house, and there was nothing be doing the right thing in following

RUB IT IN. improbable about it.. The question the principler laid down by law. He

cannot be cured without taking was: Did he or did he not know would like to remind his Worship A good may people think rheumatism

inder

the however, that it was not sufficient nagenous medicias. Chamberlain's Pain bed mattress at the time the Police to simply say to a man "You have Balm massaged thoroughly into the skin searched the house? It had not been opium in your possession and you are bas cured far more rheumatism than any proved that he knew.

in danger of losing your liberty." Con internal remedy in existence and gives rebet quicker For sale by all Chemists Of course, said Counsel, he appreclusive evidence must be offered to and Storekeepers. ciated the argument that such a stand prove that he know of the presence of made the work of the Police difficult the opium before he could be con for them and that a conviction would victed. It is not within the ordinance never be established; but all the at present, for the defendant to be same, they had to abide by the law, required to prove his innocence, and ence of the contraband under the Two new Launches are being bulli and not until the law is amended, until the ordinance is altered, the mattress on which he was lying; but could the burden of proof be shifted onus of proof will always, lay with on the other hand, the variety of con traband found-vlz; oplum Labels from the shoulders of the prosecution, the prosecution.

Counsel said he did not mean to Fis Worship said he could not help and ammunition-made the case rather doubtful. His Worship thought. contend that all oplum cases must making a difference between fail. If a man' was found possession of stolen property and it was pocaible that, as the defendant with a tael of opium in his hand, or possession of contraband, In the had alleged, he knew nothing about if he had 71 tins tied round his waist, former case, the onus of prost cer the presence of the contraband, and there was sufficient evidence to tainly lies with the prosecution that it was placed under the mattress

during his absence. convict him because he could not It was difficult to believe that the serionaly say he did not know what defendant was not aware of the pres

The case was dismissed, but the contraband was confiscated.

J. EL. GARDINER,

Hongkong, March 31, 1920...

Boliciter.

for the

WALLA WALLA ? Beet. Phone No. 3516..

(YOR 1000DENT OF THE OUNCERNZD)},

.DB

WEDNESDAY,

April 7, 1920, commencing at 2:30 pm, at their Bales Hocm No. B, Des Yaux Boad, Corner of Ice House Street, TEAKWOOD AND BLACKWOOD FURNI TURE, BRASS AND BRASS-MOUNTED BEDSTEADS, TEAKWOOD TWIN BEDSTEADS, CARPETS, &c. &c. comprising :--- Chesterfield Sofas, Arin-chairs (user), Folding Card and Cocsaional Tablas, Cine Upholstered Balto, Bedroom Farmitare, cuprising Teakwood Twin Bedsteads,

large and small Wardrobes, Drawing Tables, and Chairs Washstands famed Teakwood) Bible boards, Dinner Waggons, Rebension Di- ning Tables and Chairs, o, Diner Bervices, Crockery, and Glam: Ware, Cooling Stores, Catlesy, da, Batli Boom Uterialla, Electro-Plated Ware, Minste Bending, Lanips, Bisckwood and Teakwood Barons, & quantity of Blackwood Furniture, Blackwood Fire Bereens, Bildei. Takies, Chairs, Cabinets, Pictures, Carpets, now and second-hand.

Also Four Blance, One Enamelled Bath, Chimera, &c., dt, (Ball Particulars from Onialogue). rend: Dinh

HUGHES & HOUGH, Auctioneers Hongkong, March 31, 1950.

เ

PAAA DDDGLLLNORYY2

NOTICES.

SPECIAL SHOW

VOILE AND NET DRESSES AND

W

BLOUSES

Sunshades in Georgette, Silk

and Cretonne.

TABS come and go, repce dies and is -born, again, hat through all the changes and chances of life we have always the one reality that can being close to us the Idaši—... the Eternal Feminine the centre, not of gravity, but of attraction, holding the secret of love and the charm of love- liness. Poets of all time and elime have hung round her the airy, fairy fabrics of imagination, and in these later years we. have materialised these fancies into facts so that Woman can cloth herself and her daughters in garments whose use does not prevent them from being ornamental.

LANE, CRAWFORD & CO.

COLUMBIA

GRAFONOLAS AND RECORDS

SUPPLY YOU

WITH MUSIC FOR EVERY MOOD

CLASSICAL

OPERATIO,

SONG, and DANCE,

THE ANDERSON MUSIC COY.

THE "COLUMBIA" SHOP)

16, DES VOLUX ROAD CENTRAL

TEĽ 1822.

SHEWAN, TOMES & CO.

MOTOR DEPARTMENT.

DISTRIBUTORS FORI

COLE, DODGE AND OLDSMOBILE JARS FEDERAL TRUCKS-FISK TYREE, HARLEY-DAVIDSON MOTORCYCLES, AEROW, BRENNAN, JACOBSEN, MEITZ, RED WING, ROBERTS, & VENN-SEVERIN MARINE ENGINE:. We stock Spare Parte also carry a complete line of Auto-Accomarios and Motorboat Fittings

MOTOR CAR STORAGE AND Bepairs of all-descriptions under European supervision. Repainting a specialty. INQUIRIES AND INSPECTION INVITED,

Call at our Motor Garage-

OR

Ka. 7;Russell Street

NOTICE,

*Phone 859.

We have just receivad fresh stocks of all UUTEX preparations CUTEX is atkolutely the last thing in manicara. Try it

Pepsodent Tooth Paste, the scientific new departure in Dental Preparations Prices lowered by high exchange.

COLONIAL DISPENSARY,

14, Queen's Road Central

DCL

ACT M

The Distillers Congo,

“KOINBURGH

Telephone No. 1877.

"D. C. L."

MALT EXTRACT

with:

COD LIVER OIL

Is made from the finest selected Barley and malt- ed with the greatest cars on the Company's own

premises by the most scientific methods

manufacture,

THE DISTILLERS COMPANY, Ltá.

GEDINBURGH,

Pries per 1 TENTATKAL

Ib. Jar

SOLE AGENTS

$1,00

B

GANDE, PRIOK & COMPANY, Ltd.

Tal. No, 135,

6. QUEENT MOAD