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SUPREME COURT.

Thursday, 19th January.

IN CRIMINAL JURISDICTION.

BEFORE HI HONOUR SIR HENRY S. BERKELEY (CHIEF JUSTICE)

MURDER.

Pagain, the Filipine, was indicted for murder. The Hon. Mr. E. J. Sharp, K.C., Attorney General, instructed by Mr F. B. L. Bowley, Crown Solicitor, prosecuted; and Mr. N. Ferrers defended.

The prisoner, in answer to the clorge, said: It is trivs.

|

Cross-examined-1 could not recognise the

mon BOW,

Mr. H. H. J. Gotopertz, Senior Polico Magistrate, cu oath-There was no cross-oxa- mination. The usual printed form was not altered by me; I overlooked it.

THE HONGKONG DAILY PRESS, FRIDAY, JANUARY 20ru, 1905

INVASION OF SHANGHAI.

The following letter, to our Stanghai cox- temporary, explains itself:--

Mr. Ferrers continuing said that the jary should disregard the confessions; it was clearly Police Constable 112 gavo evidence as to the a case of running umok. The reason of the murder was said to be jealousy on the part arrest.

SIR-It would seem that the best interesis of the woman, and yet the Crown failed to

and submit of the allied Bottlements here would demand put the woman into Court

Since she wOR a short, sharp protext against the proposed her to cross-examination. not there they were entitled to draw con-invasion of Shanghai by the refugees from Port Arthur. If the statements furnished to clusions in favour of the defence. By the son-- fassion it was stated that after he had seen the Fress recently to the effect that they will Apuwan with Dange Sang, Apowan made be coming here by the thousands is correct. threats. You will not go to Suwok." The it would be almost impossible to magnify the prisoner was in fear of his life for five days; danger and discomfort that must ensue here. Apowan tried to put an end to his life.

Port Arthur is notoriously full of scurry.. dysentery and small-pox, to say nothing of typhold, and the throwing down of a mass of disease of this chameter in the midst of our Settlement, in the present condition of public health, is only inviting disaster.

By the Attorney-General-The prisoner was specially asked by me whether he wished to cross-examine, and ho did not.

Mr. N. Forrors-Were the depositions read; and translated to the prisoner before he made Lis statement?

Witness-No, but they were interpreted to Mr. Ferrors expatiated on the torrors of those him as the witnesses gavy ovidence. The de-five days, and, usked if the presention was not positions were read over to each of the witnesses,

There being no further objections the Attorney-General rend Dango, Sang's evidence. which has already been recorded in the Dady

His Lordship-Tell him to plead "not guilty" so that we may find out the degree of his guilt-but not to a prisoner.

Mr. N. Nolan, of the Magistracy, interpreted Spanish and English, and Mr. Lazaro Bebit, Proxidhout of the Igorate tribe of Lepanton Muntoo and chief of 24 Igoro:trai who returned from the St. Louis World's Fair by the as, Tremont, Spanish and the reprotte dialect.

The following jury was empanelled: - Mosarsi, A. Bain (foreman), W. C. Logan, W. Goetz, L. A Rose, G, P. Curry, G. Smith and R. S. Piercy.

said:- As

Preas.

Lazaro Bebit, the Filipino interpreter, awern; said that no inducement had been hold out to the accused to wake the statements; they were perfectly voluntary.

Mr. N. Ferrers-I object to this statement,

my Lord. This evidence could not be produced at the Polics Court, and therefore cannot be It is sudden, though I admit that the statement was distributed os quickly as pos sible.

used now.

His Lordship-Do you want an adjournment? The Attorney-General-I cannot oppose an adjournment.

Mr. N. Ferrers-There is another subsequent case which would lead one to suppose that the man was insane.

The statement was read out; it was as follows:-Apowan went into Dango Sang's bad, and I saw him leave. The day after he said "You will not go back to Sumok (home)." was very much ufraid. I could not sleep Apowan said to me it would be better for me to die first. "If you are not dead you will tell the Amoricane." I did net slurp for five nights, nor did Apowen. The night after the 6fth night Apowan went asleep and I struck hun with a knife, and afterwards exonped from the ship.

Lazare Bebit, cross-examined, said he believed the prisoner to be some.

N. F. Nolan suid :—Yesterday evoning at 6.15] I went to the gaol hospital with the last witness, Ti Attorney-General

Year and with him interpreted a statement from the Lordship planses-Gentlemen of the Jury, prisoner. He was twice warned that anything the prisoner is charged, as you have just he said would be taken against him as evidence, heard, with murdering a compatriot, Apowan. Only the tire of us, and the prison warder who under the following circumstancos:--Both opened the gates, were present. The warder Apowan and the prisoner were members of a did not say anything. company of 24 Igoroties, people of a native tribe in the Philippine Is'nads, who had hoon previously on exhibition in America At the time of the murder these 24 igorottes were on their way back to the Philippine Islands from Americs, and were on the ss. Tremont. The company uchwerly a mas known as president of the tribe, an extremely respectable man who was in charge of the men. the 5th of this month. in the evening, the Tremont was moored in Hongkong Harbour, and there were oral enrgo lighters lying alongside. At about nine o'clock these Igorottes, apparently, turned in for the night. A portion of the steerage was provided for their use, with two tiers of bunks all in ono compartment. It is rather important for me to tell you where these people were. Here is a rough diagram which was produced atthe Magistracy. This fuan Apowan was in the corner bank on the left-hand side. As ons entered from this pas. suge there were two bunks. The bunk next to Apovan's was the prisoner's, so these two men wer sleeping in bunks text to ate another. On the right-hand side of the first bank was the bunk of a woman called Dango Sang, a widow 29 years old, who slept exactly opposite the prisoner. At about half-past mine, some Dr. Hurter, in charge of post-mortems, gave Cross-examined---I knew nothing time after these people had turned in for the evidence. night, a European quartermaster on watch personally about the prisoner. heard a man shout out as if in pain from the Dr. Thompson, in charge of the gaol, said :--- Igorotte quarters. He ran in, and the woman For some little time I have had the prisoner pointed out the decausad, who was tot then vader observation, I think there is no evidence actually dead, but died a few minutes afterwards. of insanity. I am of opinion he is same.

Cross-examined-He has not been saffering Deceased was practically disembowelled. All the Igoraties wery present except the prisoner, who from any silment whatever. Ho has always had disappeared. About the same time a Chinese spoken rationally, no rambling. I have studied Watchman on board one of the lightera alongside | the so-called running amok. Generally speak saw a short, dark man of a race he had nevoring it has been found that there has been some Been before climh down a rope into the lighter, cause for it in the beginning. and this man tried to hide in the lighter's water- tank, and when prevented tried to get into the holl, but was provented. He then took a plank and jumped overboard. Unfortunately this man did not report the occurrence immediately. A careful search was made in the ship and on

His Lordship-Ho might have escaped. You shere, and the prisoner was arrested on the follow-can call Chow Fuk. ing day. I shall prove to you that these days Dr. Thompson--I do not think that a man before the mardor this woman saw the prisoner tako and steal a large knife, a dagger, from an other compatriot; and it is very significant that the woman raporteil the matter to an American in authority and asked him to take the knife from the man. Gentlemon, the prismer made various statements, and today pleads guilty.

Chow Fuk, Chiuere lukong 280, said:-I In the charge rooms he said "Yes" During the heard a maa shout out for help, a Chinese rickeba hearing before the Magistrate he said two coolie. I went to his assistance; he had been things, i.c., "I am guilty; I killed," and when a certain weapon was in the doctor's hand," It is stabbed. I procended to arrest the prisoner. true; I killed him with that knife." Ho made

His Lordship-Ruaning amok mesas knock- ing down everyone before you. The evidence is that he went into hiding.

Mr. Farrers-I um desling with the murder of the ricksha coolie.

who runs amok is necessarily asune.

Mr. N. Ferrara--Yes, bois, if the mum com- mits another murder 24 hours after the first.

His Lordship-I do not think the one very simple fact of two murders with an interval of 24 hours can tell anything.

Ho resisted and tried to stab me in the chest. He cut my double jacket. I fought with him

serious, such, in fact, to reduce the crime from that of murder. to manslaughter.

The Attorney-Gaueral said that the Crown did not desire to unreasonably press the case against the prisoner, but he submitted that it was not a case of manslaughter. It was as deliberately committed as could be, for reasons of jealousy not an unusual motive, in crimes. The prisoner had been determined to commit the murder for five days. At the expiration of this time Apowan fell asleep, and that was the first opportunity he bad of committing the crime.

Other remarks by the Attorney-General were

Chief Justice in his summing up. repeated in effect if not in actual words by the

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TRADE

TELEPHONE No. 195.

I am not prepared to say who should make this protest or whose duty it is to take the "Now the position is that the tonnage ques step, but the delay of invoking a ratepayers tion is still in dispate; but beyond that they meeting would be so great as to make it in.bharo do'iberately broken the 1983 Agrequent, because they huro paid over 25, per cent, divi- effective. It may be that the Consular Body dend, while the rates are as much as 8.50 francs, have the power, snd it may be that only an Another point is that they seem to have absorbed the English appeal can lie to the Russian and Japanese Sir Thomas Sutherland and

Directors, and to have got then on their side. Those gentleman norer consult the shipping community at all, though possibly Mr. Frederick CLUB Green is the most friendly to us. They almost poch-pooh us when we say we are deceived. but we feel that these Directors must either be brought to their scuses ON WE must have a propor representation on the Board. We ought. think, to have the nomination of them in

authorities.

10th January.

CAUTION.

some way.

"We have asked for a conference consider- ing that it is a reasonable thing to do. The answer of Prince d'Arenberg is that the sug gestion is absurd, and he will not listen to it. He stands up for the English Directora, and declares thut on the toumage question the Com. paay is acting quite within its rights. As for the Agrement of 1883, he says that it was 20 Agrement, but merely an honourable under. standing, and that the English Directors were never representative of the shipping intarest. but are morely allowed thera by courtesy. Well, we are in a position to get a Couvession. We have at our call a contractor familiar with work in Egypt who will finance the wholo scheme, and we can put it through at a cost of only about one-fourth of the existing Caual ou which a great deal of money was- well, wasted. It cost, with forced labour, twenty millions, and five millions for widening.

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SOLE AGENTS.

ROBINSON

40

It seems beyond question that the repatriation of three refugees by way of neutral territory is an abuse of the privilege af extra-territoriality that would not be permitted by any other His Lordship said Gentlemen of the Jury, country, and representations should be made the evidence shows deliberate and intentional to Japan and the Russian authorities here killing of Apowa by the prisoner, because of in an unmistakable tone, which would pre. the amorous relations of Apowan to Dango! clads the possibility of bringing these Saug, with whom the prisoner was enamouret people here. If it is impossible to sond thom A mau deliberately killing any man of whose directly from Port Arthur to Odessa, their favour with a woman he is jealous is guilty of reconcentration should be affected on Japanese murder and nothing else unless he can retablish territory, where they could be cared for until that he was irresponsible of the action on account they are sent home. This should be true with of insanity. If the killing has been deliberate out reference to the character of the refugees, it cannot be manslaughter, except in ons case, and sur recent experiences with Russians of where a husband finds a man in the actual set that order in this port has not been reassuring. of adultery with his wife and kills one of them; or of a character to inite any repetition of it.

Trusting that this protest may be joined by and even then, if the provocation is not so great- that the killing is not done at once, it cannot be others to make it effective.-I am, etc. regarded as manslaughter. The prisoner was not the husband of Dango Sung, no Apowan had as

The N.-C. Daily News replied in those words. much right as the prisoner to her affections.

I casuot see how the French or the British She was a "grass widow" and could do as she Our valued correspondent whe signs biz self

inter- pleased in that respect. And the killing was Caution" given utterance to a note of alarm Governments would have any reason to

fere. The nadertaking would be a puroly not done immediately not at the time which has affected a good inny people in the

commercial one of no political significance. when Apowan was iu bod with the Settlement, but which-is, we think, somewhat The Directors of the present. Caual say, 'What woman; it-was-not-done for five days. It was exaggerated. A large seaport like Shanghai ishare-brained, rotten sort of scheme this is. a natural place for the nufortunate refugees Where is the trafic to com from Our done as an set of revenge with intention, purpose

from Port Arthur to assemble while arrange answer is that the traffic would be simply a long time and deliberation, and after

ments are being made, and we understand that doubled, and both Canals would pay, though the planning. In fact, the evidence shows that they will be made as promptly as possible, for other one would not be able to provide 26 per there was a quarrel between A powan and the their despatch to Russia. They are not likely to cont, as at present, on its capital. Both Camals

arrive here by thousands at a time, and in the would have plenty of work." prisoner. Because of this each of these men

French camp which is to be their halting- were trying to get their knife into the other,

place, they will surely be far enough from and the prisoner got his knife in first after a

these Settlements to prevent their being long time; that is not a case of manslaughter.menace to the health of the community. In

A Britiel member of the Board of the Suez No man can ask a jury to find him guilty of the interval between the fall of Port Arthur the lessor crime of manslaughter after watching and their arrival here they will have passed Canal Company, who is the head of a Compsty through what will practically be a suficient which uses the Casal to a great extent, for his shance for five days. It is either murder period of quarantine, if such quarantine is said:"There has been a good deal of talk necessary. We cannot bat sympathise with about the matter, much of it unnecessary. As. or homicide, for which the prisoner is responsible If everyone was to be found not guilty of these unliappy victims of the war, and it would I understand it, when the Canal was first open- INVITE INSPECTION OF THEIR murder because he was provoked where is be scant courtesy or humanity to ban them from od some trouble tools pluce about the measure

our shores in their distress.

We commendment of ship, including French, German, and come in? Indeed the kindness which the French Municipai British. An International Commission was the prot.ction of the public to

There is Council are showing the preparations they appointed to alt at Constantinople, and that Thore would be no law or order.

are making, and do not expect that the dire body adopted a system of measurement for the nothing to lead you to believe that ho did not know that what he was doing was wrong, but apprehensions of our correspondent and those ships of all nations, and so far as British vessels are concerned, decided to accept the Bourd of who agree with him will be realised.

Trade certificate. In fact, that, to all intents on the other hand ho made an attempt to escape.

and purposes was what the Constantinople If the man was not aware that he had done

Committee accepted as the International stan wrong he would not have attempted to leave

dard, and it so continued for many years the ship at all. Because le stabbed another man that does not show be did not know that ho was doing wrong when killing the first man. The evidence is that having satisfied his revenge, he was about to make his escape and might have had to remove for that purpose the other Filipino. Ho tried to hide. He was afraid of being caught because he was afraid of trouble, so he did know the difference between right and wrong. The not to the ricksha coolie shows him to by 4 dangerous persou. The confession he gives is this: When I came on shore I wanted to get on board again. The Chinese said by and bye." The Chinese said by and by when he wanted the Chinese to take him in a ricksha, and they would not. I do not think the evidence goes to show that he ran amok, but rather that he is a

PROPOSED NEW SUEZ CANAL.

SIK THEODORE ANGIER'S SUGGESTIONS,

A project is on foot for the cutting of a second caual through the Isthmus of Suez. This is entirely owing to the long-standing dispute as to dues and charges between the Suez Cans Company and the shipowners who use that waterway. The project has been suggested several times before, and now in reiterated, with every appearance of earnestness, by Sir Thee doro V. S. Angier, head of the firm of Angier Brothers, and a prominent member of the Lou- don Chamber of Shipping

Sir Theodore Anier states that, in consequence of the refusal of the Suez Canal authorities to entertain the demands of the shipowners, he and several others bure mastored plans to cut a second canal through the Isthmus of Suez, which have gone so far as to enable him to say that a cor- to finance and carry out the new undertaking. tractor, familiar with work in Egypt, is ready Before going into the details of this some- what striking attempt to compel the Suez Cansi

Sir Theodore added that plans were practi tieally ready, and that the scheme would be amply backed unless the Caual Company were prepared to make concessions.

"At last the British shipowers, to endo certain regulations--for that is a point which is not denied-built the superstructures, at which the Company winked, bat by degrees these increase and increased, until at last we have had to take notice of them and inform the Board of Trade that the old measurements will no longer serve, and that unless they recognise these infringements we cannot accept their certificates. The Board of Trude thought they were more powerful than they were, and it was not till quite lately that they have realised ht we have the power to refuse their certificates. We are simply going to enforce our regula- tions."

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In official circles Sir Theodore Angier's view, that the cutting of a new caual could be under taken by private enterprise with any hope of ENGLISH AND could never have reached completion but for success, is doubted. The Suez Canal itself the support, financial and otherwise, of Ismail Pacha and the Egyptian Government. In those

a full confession since stating wat his motive and we rolled on the ground together. I very chingerous character with an uncommonly Company to reduce its dues on vossola naing days, forced labour was largely employed, and I think, geutemen, when you have blew my whistle and European Constable 49 free use of bis knife. You have heard what Dr. that waterway, it must be stated that we have that, in present circumstances, would, of course,

Wak

the

heard all this you will agres that prisoner is justified in pleading guilty.

Charles Peterson, quartermaster of the s.s. Tremont, gavo avidures.

Cross-examined, he said that the two other

men were stabbed.

came to my assistance.

Cross-examined--I did not see the defendant strike anyone except the ricksha roolie and my self. I do not know why he struck the ricksha coolie. There was no trouble that

he knew of before the occurrence.

Dr Howe, surgeon of the ss. Tremont, gave evidence.

Cross-examined, the Doctor said he attended to all the Igmottes, if they needed him. He know of no trouble amongst then, prior to the

murder.

Mr. N. Ferrers-What inference did you draw at the Magistracy?

His Lordship-There is no evidence why he killed that man. The jury can draw any con- clusion they like. That night he stabbed four people, two of whom died: you can say that to

the jury..

܆܆

Mr. N. Ferrers-All right, my Lord. Mr. N. Ferrers in addressing the Jury said his duty was to defend a man who did not mem to care to take the tremblo to defend himself.

Thompson said. He had him under observation and had conversations with him so as to form an opinion as to whether, at the time he committed the offence, he was in his senses. The Doctor was of opinion that the man was not insane, but madly jealous, and that is not a madness which reduces the crime to one of manslaughter except in the ease of a husband who finds his wife in the act of adultery, and then it wast have been done immediately. If he sees his wife in an act of adultery, and then bemuse of

the best authority for saying that any private enterprise of the kind is not likely to secure the support of the Egyptian or the British Govern- ment. In the first place, a concession would to be obtained from the Egyptian authorities, who while they have no immediate hare interest in the profits of the Suez Canal, become in less than seventy years, its proprietor. It is also quite certain that the British Government will not interfera to force an undertaking of such magnitude upon the Government of the Khedive. Hence it will be practically impossible for the dissatisfied shipowners, how- ever great the capital at their disposal, to sounce

à Concession for a rival canal.

Re-examined-Dango Sang (the woman) is at present quarantined at Marivelles Bay, Luzon Island, and therefore cannot attend.

The Attorney-General-Under the circum- stauces I will have to read ont Dango Seng's He had to satisfy them that the man was guilty of the act of murder according to the alleged to be the departure from the original

depositions made at the Police Court.

Mr. N. Ferrers objected, `

The Attorney-General quoted authority. Mr. N. Ferrors raised an objection on the ground that, according to the depositions, there had been an error in administering the outh. This discrepancy, however, was a mistake in the copy, but did not appear in the original depositions written by Mr. Gompertz.

Mr. N. Ferrers, again referring to the deposi tions--I must object, My Lord, on the ground that though it is stated that there has been cross-examination, this does not appear in the depositious-they are not complete.

His Lordship-The cross-examination is not given; I cannot admit incomplete evidence. If I admit these depositions improperly all this trial will be null and void. Bend for Mr. Gompertz.

The Chinese lighterman roferred to by the Attorney-General gave evidence,

innocent or that the circumstances were such that the crime did not amourt to one of murder, such circumstances which reduced the crime from wurder to manslaughter. If they were not satisfied that the man was in his senses he would be confined as the Crown might think propor; and they must be satisfied that he understood the proceedings which are being carried cn. He quoted authority,

His Lordship There is an interpreter and I have no doubt that he is efficient.

Mr. N. Forters-There are two, and I do not think you can be satisfied with the efficiency of both of them together.

Continuing Mr. Ferrers said it thd not quite rest there. There was no real evidence except the confessions of the prisoner himself, and his mind was weak. The Crown did not bring forward the man Sondong, who woundel.

was also

The Attorney-General-Ho was at death's door at the time of the trial; he is better now.

that adultery chases him round town for a week and then shoots him, that is murder. It is very sad and serioas, but whether it is. aad or whether it is serious you must find the prisoner incest or find the prisoner

evidence. Gentlemen, consider your verdict.

The Jury were unanimous in returning a verdict of guilty.

#1 mau

His Lordship-Prisoner at the har, you have been found guilty of deliberate and intentional killing of

called Apowan, your associate on board the Tremont. You are told us the reason which prompted you to act as you did was jealousy. That affords no excuse according to the law of this country. Accord ingly you must be punished in the way which all who take life of another without lawful excuse are punished. That penalty is the forfeiture of your life. The soutence upon you therefore is that you will be taken hence to the place whence

The renewed expressions of grievance on the part of the shipowners, even though at the at set it must be said that they are likely to be fruitless, are, however, of considerable interest. Sir Theodore Augier, interviewed by one of our

what he representatives, traced Agreement by the Suez Canal Company in charging higher dues, as the vessels becams improved, in contravention of the old Constan- Enople agreement.

1883

be out of the question.-Standard.

· LATEST STEAMER MOVEMENTS.

The M.M, steamer Polynesien, with the ext French muil, left Singapore on the 19th inst. at

a m., for this port ri Saigon.

The C.F.R. steamer Empress of China arrived ut Kobe at 10.30 am. on Wednesday, the 18th inst, and left again at 4 p.m. same day for Yokohama, where she was-due to urrive at 5 pm. yesterday.

The Boston Tow Bost Co.'s steamer Lyra left

Shanghai for this port on the 18th inst.

The Shire Line steamer Radnorshire, from London, &c., left Singapore yesterday morning. and is dus bero on Wednesiay afternoon, the 25th inst.

The 8.8. & C.M. steamer Byson left Shangbai on the 18th inst. at noon, and is duo

bere to-morrow.

The American Line steamer fyn Maru left

is duo here to-morrow morning. Shanghai on the evening of the 18th inst., nad

The Bucknall Liza steamer Baralong left Singapore yesterday morning, and is dae here

on the 24th inst,

The 0.9.8. & C.M. steamer Tydens left Singa pore yesterday at daylight, and is dus here o the 25th inst.

WEATHER REPORT.

IZE sid Sir Theodore, we addressed a protest te De Lesseps asking him to look into the question, and reminding him that after all they were only a Mercantile Company. He took the high hand, insisting that no one could aver got the right to make another canal. The shipowners were not going to sit down under that, and he was told that we should build our own canal. Wo defeated Gladstone's assump The Hongkong Observatory yesterday issued tion of a monopolist right, and he had to the following report:-.

On the 19th at 1145 a.m. The Farometer hus confess that he was wrong. We got a ner Concession, and saw.bur way to the necessary risen slightly in the interior of Chins, and round to see 13. We had a conference, in S.W. Jepan. capital. Then De Lesseps woke up and cams fallen generally elsewhere, but more particularly The depression mentioned yesterday has con- you came, and thence on a day to be fixed and he conceded the question of daes to by the Governor to a place of execution, and this extent-la agreed that he would re-tinued to move to the eastward and is now there you will be hanged by the ueck till you duce the dues yearly by so much per ton, and situated to the southward of Shikoku are dead, and your body hereafter buried in

no higher dividend should be paid, but the such place as selected by the Governor, and that when the diridzul reached 25 per cent, may the Lord have mercy on your soul.

excess go to the reduction of duos till the The prisoner showed an inclination to cry, rate of five francs por ton was reached. He also and was about to speak when an Indian con agreed to widon and deepen the waterway, and

able took him by the arm and led him away.

make no charge for pilotage, while, in cases of

Gradients are still very slight upon the China casts and light variable winds and calms will

CONTINENTAL

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