1923-05-30 — Page 6

WEDNESDAY MAY 30, 1923

OPIUM SMUGGLING.

PROSECUTION AGAINST JARDINES.

INTERESTING ARGUMENTS

RAISED.

As defending solicitor Mr. E. Davidson raised several interesting arguments at the adjourned hearing before Mr. J. R. Wood yesterday afternoon of the case in which Messrs. Jardine, Matheson & Co., Lid, as general managers of the Indo-China Steam Navigation Co., Loong- Ltd., owners of the s.s. sang." were summoned for àllow- ing their steaner to be used for the conveyance or exportation of 500 is of prepared opium on April 27. Mr. Davidson discussed at co- siderable length as to the i..ter pretation of the word "export" in the Ordinance, contending that a

THE CHINA MAILA

FRAWLEY, COMPANY. CCESSFUL OPENING LAST

NIGHT.

clients. The object of this Ordin ance was obviously to make the smuggling of opium too expensive forshipowners. That is the reason and the only excuse for the gigan tic fines. It is obvious that when f shipowners have been found Im-) plicated in the smuggling of opium

The Frawley Co. opened their brief the Magistrate shall be empowered season last night with a perform to impose such a heavy fine that itance of that most extraordinary of will probably swallow up the pro-plays "The Cat and the Cannty," fits of many successful ventures. But the Ordinance does not den Extraordinary in its conception, in only with the guilty owners it deals its working and in ita final denoue also with the completely innocent ment. It is quite safe to say that owner and also with the owner who, though not implicated, has the audience was quite in the dark possibly been careless in taking the play is performed in a con- precautions to prevent smuggling.tinual state of semi-darkness until SUGGESTED NOMINAL, FINE OF $ the final word, a regular O. Henry Mr. Davidson mentioned that the like finish which in itself stump fine provided under the original Ordinance was $5,000, and under the play as out of the ordinary. It the amended Ordinance ten times was more or less hot last night, the value of the opium. In the case of the guilty owner or of the owner Jet the thrills provided-sudden, who had neglected to take all pre-expected, catching ons-unawares,

DERBY SWEEP DISPUTE.

MR. GOLDRING'S EVIDENCE.

The hearing of the dispute over the winning ticket in the Chinese Club Sweepstake, drawn over the Hongkong Derby at the annual races early this year, was continu- ed last evening. The rival claim ants are Chik Soong Sing, and Mrs. Violet Chan. The former is repre- seated by Mr. C. G Alabaster, K. C, and the latter by Mr. Elsley_

Zeitlyn.

?

Before Mr. Alabaster continued his address, the Chairman, at the request of the Committee, annoint was not actually connected with the ced that in, future, any person who case would not be admitted to the proceedings, unless he had special the Club. The rule would not be Permission from the Committee of enforced that night, but would be to-day.

Mr. Alabaster then went na with ran and correspondence.

ship red to a buoy was not used cautions, it was easy for the inde coid shivers ascend with his case, dealing chiefly with teleg-|

Magistrate to come to a conclusion gooselike propensities. What would as to the proper fine to be imposed

for the exportation of opium avea if the contraband was found on abuari before sailing Mr. David

sta audiressed the Magistrate as to the penalty, classifying ship-

relation to the Ordin ance under three heads, viz., those that were guilty those who had beea car-less in taking precautions *to prevent smuggling and the com-

pletely innocent owner.

owners

to deter owners or to induce them you?

careful.

man

A man who died 20 years

The first witless called was Mr. Phillip Wallace Goldring, the Shanghai solicitor upon whom Chik Soong Sing called after hear

allowed to pass out of his hands, had won the sweep.

After hearing arguments from if the owners in this case had dis harrows our feelings with dreadful extremely excited about Ticket No.

both sides, His Worship intimated that he would consider his decision and would inform the parties con- cerned when he would deliver it.

THE DEFENCE.

in the future-to be a little more ago has his will read at 'dead of But if the owner was night to his surviving relatives. both innocent and had taken all Then things begin to happen. Aing that his ticket, which he had

disappears miraculously, reasonable precautions, what fine was there to impose? What fine could be imposed except the usual mysteriously. A grim hand snatches a neckiner from the chaste neck of nominal fine of $1? Mr. Lloyd had admitted in cross-examination that

a sleeping lady, who, amused. covered the opium themselves and

wife would do in similar had handed it over to the authorities shricks--just as we imagine our there would have been no prosecu

We recoguise wa circumstances! tion. The reason for that was quite obvious. If the owners had found are but giving a poor outline of a the opium and handed it over, it play that has excited America and u standard for would be conclusive evidence of England and set their innocence and also of the fact play-writers it must be diffenit to of their having taken precautions, follow. To give the thing comic so that the owners in that case tion you need thespians of ability would be entitled to every con-such ability as is obviously the sideration as having been both passession of the members of the

Miss "We Frawley "Cn. and diligent. innocent

we are

own

Florence

|

FALSE SCALES.

CALES.

"BARE-FACED CHEAT" CAUGHT OUT,

"You are a deliberate and bare- faced cheat" said Mr. R. E. Lind- sell to an old Chinese, the holder of stall No. 84. Western Market, at the Magistracy this morning, when he found him guilty of possession

of a scale which was 12 per cent. against the purchaser.

According to a Chinese detective who accompanied Sergeant Lane, officer in charge of weights and measures, a visit was made to market. Defendant on the

was seen to remove the scale from the approach of the officers,

its peg, put it behind his back, thes drop it onto the ground and to bring out another scale in its attempted to recover the sente und

place. The Chinese detective

only succeeded after a struggle with defendant's faki.

Defendant denied the allegation, saying that he did not use the scale in question. This, however, was of no avail, His Worship imposing the exemplary punishment of a fine of $150 or two months hard labour in default,

'TO-DAY'S ADVERTISEMENTS.

IMPORTS AND EXPORTA OFFICE KING'S BIRTHDAY.

aques till om va SATURDAY, the l

Mr. Goldring told the Court that Chik Soong Sing came to him late at night on March 2

He was

the winning number in the Chineee 3066, which he told witTicket No.

Club Sweepstake at Hongkong.rs - Repartiment will opet He added that he had already handed his ticket, under a misap-leen Warehouse he entirely cloved og prehension, to Mr. Quina, and was unable to find him. Witness told him to come the next day. He later had an interview with Mr. Quinn, when the latter said that the only ticket he had from Chik was 3076, which he produced. communicated with Witness

Jus

There a

5.1. LLOYD, Superintendent,

Jogurts and Exports = Hongkong, May 26, 1985).

N

BANK HOLIDAY.

TN accordance with Ordinance No. 5 of 1912, the EXCHANGE BANKS

2nd June, 1923,

PUBLIC BUSINESS on SATURDAY,

flongkong, May 29, 1920,

Opening his address, Mr. David- so sail that the Ordinance was one of those passed to prevent peo- ale doing what they very much wanted do, the saggling of upinu.

It was, he thought, the experience of every country that when they wanted to do that, they have proved ourselves to be Roberts started to eerie us-if we hat to be very drastic in their innocent and are admitted to may put it that way, and as a West! Messrs. Lyson and Hall at Hong will be closed for the transaction of legislation and this particular Ordi- be diligent,

in Indian servant with hoodoo ideas, kong instructing them to get pay- Mr. Zeitlyn, cross-examining the Dance was a case in point. It was precisely the same position as if she gave just the right touch and ment of the prize money stopped. obvious, for example, that to prove we had discovered the opium our tone and make-up to convince witness, asked: When you told what body on board the ship was selves and handed it over to the that spirits were about, that IT Mr. Quinn what you were instruct cancerard in the smuggling of authorities," Mr. Davidson argued. might even get us-poor innocented to tell him, what

pium was from the start an abso- Therefore, I submit, that seribe though we be Miss Adele demeanour? lufe impossibility. If they took the nominal fine is the only fine that Blood has a voice with music in it- language of the Ordinance in its or- can possibly be inflicted in this dinary meaning abar had to be prov- case. It is a curious fact that the except of course when she has to bad temper. What I would call eduptothe hilt. It meant proving revenue officers do not tell the in that effective bedroom scene anegative, and a particularly diff-shipowners that the opium is going with the hidden hand,” a thing we cut kad of negative at that. The to be put on board ship. They wait had hitherto thought belonged only only way in which it could be done was by swing who put the opium on bond and that the person was not a member of the crew. The Ordiance being a drastic one might operate very harshly on in- dividu de, as it might do in this case

it is clients,

LEGAL INTERPRETATION. After a careful examination of

1

i

was his

He was very angry, and in n very aggressive, in fact.

And if you had not been so im- pressive he would have punched your head. He was very indignant was he not?

Not indignant, aggressive. Did he say it was a damned He"?'

He said he was going to sue Mr. Chik and me for slaader.

Did he say it was a "dunned lie"?

NOTICE.

HONGKONG & CHINA GAS

CO, LTD.

number of April receipt forms have this day been stolen from the Company's Kowloon shroff.

The stolen forms are being repro- duced on yellow paper and Kowloon customers are therefore requested to accept only such forms in connection with April accounts. for May and onwards, the usual white paper will be reintroduced,

until it is on board, then go and to war and to Germans. We was seize it and fine the owner. No sections and risk being sacked by doubt that is done for perfectly saying there is a deal of Blond in good reasons. I do not mean to Miss B's acting. Another character suggest that they are doing it as refers to her normaley as 100 per a kind of had and clumsy joke, rent, good, and this applies also to There are reasons why they want her acting. On the humorous side! to seize it on board ship, but if that and this play is as funny as it is is so, why prosecute the owner?" thrilling. Miss Betty Barnicoat and PRINCIPLE OF THE FINE. Mr. Bernard Nedell, especially In the course of further argumentelone. The other members of the! Mr. Davidson said that if the prin-caste were uniformly good. They ciple he had contended for was afl helped to create a spirit of ruled out, if the Magistrate was 10 mystery and suspicion and they fine entirely at his own discretion, helped convincingly. That was als as a sort of mental toss up, might the opinions of an audience which not the Court consider what was the fa dine have been in freshiak you, with P. & 0.

the Orllantro, said Mr. Davidson, he did not propose to contend that the lane of the Ordinance, would by any means bear the weak this ship lying idle at her bug was not being used to

He was going to largest fine that would not annoy more often than not when its visible; show that the Ordinance, if it could the defendants and the smallest faculties hul been tickled.

To- hear that meaning, could at any that would not

disappoint the

horrow night the Company give rate bear another, which was more Government?

That would be a "Lawful Larceny" and throughout topplade and just and which would volve the soquittal of the very lamentable state of affairs..

The Magistrate: The only prin- the week a sucesion of plays that i

export dum

defendant- Mr. Davidson said it

I really don't remember. As a solicitor (continued Mr.

Zeitlyn), you know something of the shady side of business?

Well, we all do.

When you saw the name on the ticket and it appeared to you to:

your professional experience of the shady side of life, thought it was a

swindle?

was his duty to show that they had ciple I can see is to consider what is should bring its own reward--full said Mr. Quinn's name on Ticket

pause util. The ship was not,"in

fine and the only material

going to deter the repetition already of the offence?

to

Oxenfrenta

great

GEORGE CURRY,

Local Secretary.

Bongaung, May 29, 1053′′

S. N. CO.

STEAMERS FOR

AUS- Witness: Very reluctantly I STRAITS, COLOMBO, concluded it was a "ramp"

TRALIA, BOMBAY, EGYPT, Further cross-examined, witness

MEDITERRANEAN PORTS & LONDON. Through Bills of Lading issued for Batavia, Persian Gulf, Continental; American and South African Ports.

first

2

houses. We enfess to being 3076 had, in his opinion, heen the amount which would in the or-

anxious to see Eugene O'Neill's, written in within an hour of its a right to rebut the case for the dinary course lead to prevention.

We count it a being brought to him by Quinn at Mr. Davidson: If the owner is Anna Cluistic."

this the Shanghai interview. fat, ever used for the exportation

American play-} Chik Song Sing, the of opra. She was at all material admitted innocent what fine is fortunate

I do not know wright's personality is to be reveal claimant, then gave evidence of

**6JUDAN." time was when the opium was whether your Worship is going fed to us in one of the most import buying the ticket. He added that

Captain R. 3. M. COLLTEN, n.a, he was business manager of the contend that the greasersant manifestations of his powers.

China Specie Bank Shangini. and cleaners of the "Loong

The Court rose at a quarter tox, carrying His Majesty's Mails, will be despatched from this Port on or about Sang" are going to be so

cleven and the case will be con- TUESDAY, 5th June, 1923, at Moos, tinued at six o'clock this evening. taking Passengers and Cargo for the

above Porte.

fountai

imard--iomed to

her hoy in the harbour and never moved. Any ordinary Bersus ruling the section would

stray that the offence aimed at upset that they would mend their ways, or whether the owners should

Has the actual carriage of opium dismiss the crew and get a more either the Colony or from the

virtuous one, The fact is that no Colour. He thought his Worship

st you to the conclusion that fine can deter smuggling on this boat again, because no fine can deter the defendants, who are innocent. It cannot make them nure diligent since they have been sibly deter the crew.

what was meant was the actual zoving of opium in the ship. Mr. Davidson contended that it was absolutly impossible to prevent already diligent, and it cannot pos- pens taking opium on board a ship when she was lying in port,

ale the Magistrate accepted his read or of the Ordinance it meant

that a search was absolutely use-

MR. HAZLERIGG'S ARGUMENTS. Replying for the prosecution Mr

~C. G..

LONG SERVICE REWARDED.

"HEUNGSHAN'S" ENGINEER

RETIRES.

Mr. G. W. Kew, the well known Chief Engineer of the Hongkong Canton and Macao Steamboat Co's. Hengshan retires to-morrow citu said that it seemed to him with the record of nearly 34 years'

T. M. Hazlerigg, Assistant Crown

BLAMED HIS WIFE,

CHIEF JUSTICE'S REPROOF.

THE Steamship

Silk and Valuables and Tea for Italy, Frace and London (under arrangement) will be transhipped at Bombay into the Mail Steamer proceeding direct to Marseilles and London.

Parcels will be received at this OfEce At the Criminal Sessions, yester-notil Noor, the day before sailing. day, Chan Sau and his wife Sai Fu The contents and value of all packages

For further particulars apply to- Mui were found guilty of kidnap are required.

MACKINNON, MACKENZIE

& CO.,

Agents. Hongkong, May 30, 1923.

1

ping a small boy at Yaumati on April 24.

In sentencing the prisoners, the

les successful search would if the Magistrate lid not attribute service with the Company to his Simply expose the shipowners to

to the word "exportation" the credit. It is understood that he is, Chief Justice addressing the male parution. Mr. Davidson urged wider meaning given by the de- the first officer in the Company's prisoner said "you are a coward. asp lying in port could not mine he deprived the service who retires on the full, Without saying a word for your the used for the exporta- Crition fait possibility of ever scale of pension inaugurated in wife, you have allowed her to take to of op. On the ground that curing a conviction for export 1920 for officers of the floating staff, all the blame for a crime in which

Mr. Kew is a member of the well they laxi refuted the presumption. It was obviously impossible to the ship, at the time the

for revenue officers to go on board know local family of the same name to, which belong the property, pit was foundi, was being used ships when they were under way. for the conveyance or exportation fppin, he asked that the case if the wider meaning was not given and share brokers and dentists. to the word, at what period from

shout he dismissed.

the moment of the ship untying at

evidence from which the Magistrate could directly infer that some members of the crew knew what was going on.

The Magistrate: I do not see the buoy did exportation com- why you shall not go the whole mence? Did it commence at the ber of the crew being cognisant of Way and say at once that this boundary of the waters of the what was taking place. There was sector cunot be interpreted to Colony or when the ship actually ever any conduct of the ship's left the buoy? The difficulty of treat her Itoy. Why not so, searching and the utter impossibil furter and say the general mean-ty of securing any conviction under lag of the sertion is not applicable. those conditions would render the

Mr. Davidson said that that was section and every other section Davidson's assertion that the de- absolutely nonsensical. The only fendant company had been the possible means of finding the per-, victims. The Crown's suggestion was that they were victims because son committing the offence was before the ship left the buoy,

what he meant to convey.

ADEQUATE PENALTIES.

Continuing, M. Davidson said he isted to take the somewhat une Usun course of addressing His

Mr. Hazlerigg proceeded to con-

Worship on the question of penalty, tend that the weight of evidence He dil se for this reason, that to showed that the crew was implicat

Both the defendants and to all Shipowners in the Colony it would

ed.

!

1

If 1 TO SECRETARIES OF CLUBS AND

OTHER INSTITUTIONS,

you were equally guilty. thought I were justified I should make yours the more severe sen- tence of the two. As it is, you will both go to prison for three years, with hard labour."

•

ALL preliminary notices of forth-

coming meetings, lectures and entertainments, sent for insertion in the news columns of the China Mali, are charged for at the rate of $1 each. fas announced in May and June of Make it a rule of your home to alway last year) providing that they do not keep on hand a bottle of Chamberlain' Avari nitust bowel complaints. Colic and Diarrhoea Romedy as a safe-occupy more than four lines. In

A Good Rule for the Home.

clature if this space is exceeded they Mr. Hazlerigg' referred to Mr.lways cures promp'ly and no bousehold will be placed in the advertising

is safe without it. For sale by all columns at the prevailing rates. Chemists and Storekeepers.

they had failed to take the precau- tions which were necessary. The precautions should be taken before 'she had left. Mr. Davidson has also the sailing of the ship and not when

Mr. Davidson: I must protest mentioned that the revenue officers

be more satisfactory to obtain a against that. There is no evidence

of it.

never informed the master of the

ship. His instructions were that

| decision on the question of prin- Mr. Hazlerigg thought it was every step was taken to prevent the

riple as to the amount of the fine in this case, than to obtain an acquittal taxing the, credulity of the Court opium reaching the ship in the first based on the actual construction of too much to say that such a bulky place. If information was circulat- the Ordinance. He, Mr. Davidson Package could be brought on board ed there was bound to be a cake would actually prefer to lose on his and secreted in a very difficult age, and the result would be that first point and to be successful on hiding place, which took half an any search would be entirely use- is second in the interests of his hour to do, without any person of less.

the engine room staff or any mem

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