1927-02-12 — Page 6

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SATURDAY, FEBRUARY 13, 1927.

FOOCHOW INCIDENT.

THE CHINA MAIL.

NOVELTY IN LAW. HUNG IN MID-AIR,

The music

WHITHAWAY LAIDLAW CASH CONTINUED."

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want

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New

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Victor Distributors.

Victrola

(Every evening except Sunday. Annual abscription, excluding postage abroad, H.K. $38, payable in advance.. Local delivery froo.)

prove a powerful counter-stroke

The China Mail to the insidious Bolshevist inspir- ed propaganda against the Bri tish throughout China. And it is calculated to bring home to the Chinese Nationalists in particular that the British policy of patience and conciliation is no mere empty talk.

Overland China Mail:

(The weakly edition of the "China. Mail!" Anomal subscription, H.K $18 including postage 318, payable. in advance)

Published by

The Newspaper Enterprise, Ltd. Printers & Publishers

| No. 5,WYNDHAM ST.,HONGKONG ||

Telephones Central 22 & 4642. Cable Address:-Mail, Hongkong.

All communications should be addressed to the Newspaper Entor- prise, Ltd, to whom all remittances should be mado payable.

London Office?:-The Far Eastern Advertising Agency (Landbu Ltd., 36-38, Southampton Street, Strand, W.C.2.

BIRTHS.

DEATH.

..

E

"

to throughout

HONG KONG FULL COURT PROCEDURE

RESULT OF DISAGREEMENT.

INDIAN'S ALLEGED ASSAULT,

J

►

“MURDER” OF INFANTS NOT TRUE.

CHINESE PAPER FINED:

The incident at Whiteaway, Laid- Certain interest, has been dis-

The local vernacular paper "Tui law and Co.'s premises when s rayed by lay men following the Chinese fell from the top of the Kwong Po" publish or letter to them judgment of the Full Court in building and it was thought first on Jan. 27 concerning the alleged the Wayfpong $500 tattered or all (according to the report of murder of infants by the priests bank note" case.

the Indian watchman) that another and augs at Foochow The Chief Justice (Sir Henry burglary had been planned, was fur-

Following publication of this let Cowper Gollan) ruled that the ther investigated at the Central bar the editor and publishers were summoned before, Mr, Lindsell last Hong Kong Bank's appont should Magistracy yesterday afternoon.

The Indian watchman is now Saturday and each fined $500 for Be allowed. The Puisne Judge (Mr. Justice J. R. Wood) adhered charged with assaulting the Chin publication of matter without the. to his judgment in the Summary ose in question (who is a young necessary authority of the Secre- Court and decided that the appeal man) and thus causing him to falltary for Chinese Affairs.

from the third floor window. It is The "Tai Kwong Po" has also should be dismissed.

In accordance with the local alleged that the Indian made cer-published the following apology in

tain remarks to the youth which Ordinance, when the two judges were resented and that, in despera- sitting in the Full Court dietion, the latter opened a window agree, the judgment of the court and climbed ont, hanging in mid- below is to stand."

Fax. The Indian, it is alleged, on- Local Court "History."

deavoured to pull the boy back into the room and, in endeavouring to The next step is the applicaward him off, the latter lost his tion by the Bank (defendants ingrip and feil, sustaining serious in- the case) for leave to appeal to juries. the Privy Council.

}

These are the facts of the pro- sent situation. As this is rather unusual, the. "China Mail" asked a gentleman who is conversant with local Court history for fur. ther information which proved to be very interesting.

The case waa

next Thuraday,

adjourned until

WATER RETURNS.

MORE IN STORAGE. THIS.. YEAR.

FEBRUARY STATEMENT. .

As most people know, a civil case (or, in the ordinary indivi dual's term, one concerning a claim for money as distinct from A year ago, there were 1,017.60 criminal proceedings) comes million gallons of water in storage within Summary Jurisdiction at our local reservoirs. (heard by the Puisne Judge) if It is for $1,000 or less. More than this amount needs going to Original Jurisdiction. (before the Chief Justice) with barristers to represent the parties..

Difference of Appeals.

According to the returns detail- ng the position' on February 1 of this year, there are nearly 100 mil Hon gallons more in storage this year.

In- Consumption has slightly Ecreased on a per head estimation, this being. 17.9 this year a8: com-

That is why sometimes a plain-pared with 17.8 last year.

tiff waives an odd sum to reduce The Kowloon returns also show

his

claim to $1,000 to sue in the

an increase in supplies amounting

Chinese and English-

"With reference to the publica- tion in our "paper on the 27th January, 1927, concerning the murder of infants at. Foochow by the Roman Catholic Church and the Nuns bf the Convent (Yan Chee Tong) the same was publish- ed without any investigation into the truth of the contents of the... letter received by us.. The report · as pablished is utterly falas and untrue and without a vestige of foundation in trath or in fact and wa bog to express our profound regret to the priests of the Catho- le Church and the Nans of the Convent (Yan Chee Tong) for the aspersion cast upon them which such publication might cause to them and unreservedly withdraw all such imputationa, and atäte- ments concerning their treatment of the infants committed to their Convent (Yan Chee Tong) desert- ed by their parents. It le géner- ally accepted that their motives are governed by the highest ideals and their works are most charit able and beneficial to the poor and needy of a denomination. irrespective of creed."""

million gallons more than last! Summary Court, thereby avoid in February this year to nearly 150 BREEZE ON A BENCH. ing the bigger expense (fees, February. counsel etc) of the other.

If one is not satisfied, applica- tion can be made for leave to appeal to the Full Court,

The Full Court, when hearing an appeal,, is comprised thus:-

(a) Judgment- of Summary Court the Chief Justice and the Fuisne Judge.

of

NEW APPOINTMENTS.

List in the "Government Gazette.""

||

WOMAN MAGISTRATE REFUSES

TO LEAVE. **

woman.

The question whether a woman, magistrate should leave the Bench during the Hearing of certain cases was raised by the action of a magis→ His Excellency, the Governor hastrate at Colchester. appointed Mr. Robert Hunter tem- Mrs. P. R. Groen, ä porarily to be an Assistant Gov-magistrate,, was on the Bench when (b) Judgment Supreme Court the Chief Justice of Hongernment Marine Surveyor, with a soldier was brought up on six

serious charges.. effect from January 31... Kong, the Chief Justice of H.B.M.'s His Excellency the Governor has Mr. CF. Hatton, a 'magistrate, court at Shanghai (but this may appointed Professor Walter Brown, said that he thought the case ought. not be his official title) and the M.A., B.Sc., F.R.S.E., A.M.I.B.B., to be heard by me only, Puiane Judge, Elther the local to be an additional member of the Chief Justice (who, of course, at University Council for three years, in the court below; unless there with effect from February 1 has been an intervening change). or the Shanghai judge presides, this being decided according to aenfority.

th

"Certainly not," said Mrs. Green. "The mayor asked the public to re- tire from court while the matter was discussed and everyone went.

Drs. Greon remuined in her seat. on the Bench when the court re- opened.

Great Britain has faced altered circumstances in China, but in do ing so she does not waver in the alightest degree from her irten- tion to accord the fullest support! to British residents out here. That primary duty must be full

His Excellency the Governor has ed, and Great Britain is bent on

appointed Mr. Hugh Adair Nisbet doing it. There can be no bowing

to act as Offlelal Receiver, and Ro- gistrar of Trade Marks and Patents

Mr. Hutton then observed that. down to mob violence in any shape

In addition to his other duties dur No Casting Vote,

ing the absence of Mr. Edward he thought the case should be con- or form either in Hankow, or`

Where there are three judges, Lowis Agassiz, with effect from sidered by men orly, and, bowing to the mayor, he left the. Bench and Shanghai, and if the local Chinese there is no question of a casting February. B.

His Excellency the Governor has the court in protest. authorities find themselves unable vote as judgment will be given

made the following appointments, Mrs. Green remained; and heard to cope with such when the safety according to majority if they during the absence on leave of Els the ease with the mayor and two

are not unanimous. of British subjects is jeopardis- When two judges hear an ap-Kt., C.B.E.. or until further notice:

Honour Sir Henry Cowper Gollan, other magistrates."

Mr. A. W. Piper, the mayor, said f BEITH-On February 5, 1927, at ed, the necessary protective mea- peal in Hong Kong and they disHis Honour Mr. John Roskruge.--Mr. Hutton appealed to me and Shanghai, to Mr. and Mrs.sures will be taken by the British gree, there is no casting vote Wood to act as Chief Justice, and in turn appealed to Mrs. Green. B. D. F. Beith, a son.

for the president and the decision Mr. John Harry Barclay Nihill, She was perfectly entitled to be MCCANN On February 3, 1927, at Navy or Army. With this dic-of the lower Court stands as in M.C., to act as Pulsne Judge, with present and I had no option but to

Shanghai, to Mr. and Mra.tum the Chinese leaders can find the Hong Kong Bank case.

effect from February 9.

leave the matter to her discretion.

F. G. F. McCann, a son.

His Excellency the Governor has She refused to retire and Mr. Hut- Such was not the case, how- TINKER-On January 30, 1927, at not the slightest room for ad-

ever, prior to 1912 when the appointed Lieutenant-Commander ton left the Beach. I am not pre- Shanghai, to Mr. and Mrs. W.

Joseph Bernard Newill, D.S.O.,pared to discuss the rights or verse criticism. Chinese

re-Ordinance was amended. Then R.N., to be a Magistrate, with effect wrongs of the situation. Tinker, son.

sidents in the British Empire are the presiding Judge had a casting from February 10. MARRIAGE

entitled to the fullest possible vote. And as stated above, the protection that the Union Jack three Judges sit as at least two HONG KONG UNIVERSITY.

question dope pot arise when

CANNIBALS" AS WORKERS. RASMUSSEN-GOTTSCHALCK- can afford. It is a natural right. must be of the same: mind and

On February 5, 1927, at Shang-

The Court of the University of hai, Louise, daughter of Mr. It has never been denied to them, the President did not have to

Solomon Islanders" Habits. and Mrs. C, Gottschalck, of Similarly.

Hong Kong having on December 20. British subjects have a casting vote:

1926; in exercise of the power in Kalundborg, Denmark,

London, Jan. 10. China muat be

"What Happened Before. that behalf contained in section 14

"Although it le popularly sup Octave, son of Mr. and Mrs. 0.

An Important case of recent of the University Ordinance, 1911 posed that the words 'cannibala Rasmussen, of Nykoebing assured of similar protection from

Ordinance No. 10 of 1911, furtheri

are inseparably Falster, Denmark.

mob violence, from bandits, and years is called to mind.

A local Chinese shipowner sued amended the statutes of the Uni and Solomons from pirates. If from any cause a Bombay Indian merchant for a versity as follows:-by the deletion inked, nowadays the average Solo- whatsoever the local Chinese large sum for aleged breach of of the words "The Registrar" in mon Islander is more accustomed to HUMPHRYS.-On February

authorities are unable to afford charter party, this being prac-paragraph 1 of Statute S; and the scooping sardines from a tin than said further amendment having marrow from a human thighbone," 1927, at Shanghat, Cecil George

Overseas Humphrya, son of the late such protection it is only just and slump in freights.

tically a sequel to the post War been allowed by the Governor in sald Mr. Clifford Collinson when

Council on February 7, 1927, such lecturing before the

League, Rev. Walter Humphrys and reasonable for the British Gov- Sitting in original jurisdiction, further amendment becomes valid

He added, speaking of his own Mrs. Humphrys of Pari Cornernment to step in and ensure the the then Chief Justice, Sir Wil and operative on the publication of

experience in the Solomons, where. liam Rees Davies, found for the this notice.

he owns a lonely islet, that "natives plaintiff (the Hong Kong ship-

from an island particularly noted. for tannibalism were the best and owner),

trict. He suggested that it might ls on fire it is prudent to look after pealed to the Full Court, com to be mentioned in connection most Intelligent workers in the dis- Influenza in the prising Sir Skinner Turner of with a presiding Judge's powers. be a case of the quick and the

Rees. Shanghai, Sir William

There is no casting vote when dead"

Mr. Collinson declared Nauru to plague form in which it raged Davies and the then Paisne Judge, the Full Court sits in Appellate

but

when two be worth two hundred milliona Events in China have develop round the world in 1917-18-19, Mr. Justice H. H. J. (now Sir Jurisdiction; ed rather rapidly during the

Henry) Gompertz,

Judges disagree on some other sterling to the Empire in phospha- has broken out again in Europe.

matter, the senior Judge can tic fertiliaors. week. The rupture in the conver in France, in Spain, in Switzer

Final Appeal Succeeds. exercise his casting pota. sations between Mr. Eugene Chon land, and in parts of Germany the Sir Skinner Turner rave judg Difference Explained: and Mr. O, St. E. O'Malley has infection is spreading with the le, the Bombay charterer) and Lordships reserves an intricate

ment for the appellant defendants

For instance if one of their been ended, and there has been a

same rapidity as it did during the the two Hong Kong judges were and most important point for renewal of conferences leading to

leter war years and is being re- contrary-minded. They stated hearing by the Full Court and he the draft of an agreement in responsible for a comparable mor- that the appeal should be die himself does not sit on it but since the beginning of the year, the gard to Hankow which only

missed |tality rate: ⠀ It may be hoped,

Accordingly, the verdict of the waits for the decision whereby to bodies of Marjorie Stewart (17), of awaits formal signature to be therefore, that the health auth- Full Court (maine by the major Court bolow, then two other Manchester, who had been living continue the proceedings in the Manchester, and Harry Fallows, of come operative. The details of orities of Hong Kong wiil be wise ty was that the appeal be dis- Judges will constitute the Full apart from his wife, ware discover ed by a labourer named Fred that agreement have already been in time in concerting measures missed

Court, we

Bannister, in a cave in the famous mede public in the House of Com- against its introduction into the The Indian took his case to the If the ruling of these two Winnati Fass, Derbyshire, yester mons by Bir Austen Chamberlain Colony As an important seaport action of having his appeal casting vote to give a direct judg Bannister says that last week he

differ, the President can use his day. and commented upon in this Hong Kong is liable to have in- allowed, setting aalde the judgment but this is not so in appeal encountered a man and woman, sit- ment of the Full Court and of the column yesterday. The document fluenza patients come

cases by reason of the amendment ting side by side in the darkness at Supreme Court cannot but be hailed all over the other temporarily pr

to the Ordinante in 1912.

the entrance of the cave. They

world as the outward token of the

17 and

Actual figures are not available requested him to extinguish the If memory is correct that was at the moment but nearly every impelled him to revisit the nave on torch he was carrying something mic of the disease

ich their body knows that when an appeal when hear is made to the Privy Council at January a when he discovered the couple dead, with a bottle of polson Hon Kong be Home, the expense is very high loncolge them. They

beresting case and the present case will pro- changed Chrjakuns grestings and it dine bably lead to a great outlay beford is heilayed that they made a dosth es, has fihe question is finally dealt with, pacti

wall.

safety of her own nationals.

il

Hong Kong, Saturday, Feb. 12, 1927.

A SATURDAY CAUSERIE.

inward spirit animating Gr {Britain sher relation

Chinese. It' abonld, go far to habilitate

the

eyes of the Chiness. It

When one's neighbour's house Then the Bombay man ap

one's own.

ore,

Privy Counchi and had

“When Powers Are Diffariat,

fast occasio

SUPPOSED DEATH PACT.

London, Jan. Di After being reported missing"