1908-06-24 — Page 3

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Mr. E. E. Rodrigues, the chial engineer, stated he remained in the engine room"anti!

just before the vessel grounded.

Was that after you had put on fall speed P~~.

Yes.

Where did you go then To my room pa dock,

Was it mining then

Yes.

You were on the starboard side?-Yes,

Could you see any land-No, the sight was

too dark.

When you got to the engine room were the engines working ?--Yes.

Abend or astern?---- Fall speed ahead. Did you keep a register

lout. -

Yer, but it

How long were the engines going full speed ahead About three quarters of an hour? Then the engines were stopped-Yes, You left the engine room when the water came in 1-Yes I also sout the men up on

deck.

How long were you in the engine room after yon felt the skip bump-About five or six minutes.

The order was given to go full speed again

Yeg.

Why did you leave the engines, going

the water was coming in so

SUPREME COURT.

Tuesday, 23rd June,

IN CRIMINAL JURISDICTION.

BEFORE THE FULL COPAT.

THE HOLDER TRIAL

THE HONGKONG DAILY PRISS, WEDNESDAY, JUNE PÁTH, 1908.

Judgment was delivered in the motion for the arrest of judgment moved by Hon: Dr. Ho Kat in his defence of the three, prisoners who were found guilty by a jury of having murdered three Chinese in December 1966 by the Chief Justice, (Sir Francis Piggott) and the Acting Patane Judge (Mr, H. H. J, Gompertz). The Hon. Mr. Roes Davies (Attorney General),. i instructed by Mr. Bowley, Crown Solicitor, conducted the sense for the Crown, and Mr. M. Blade and the Hon. Dr. Ho Kai, instructed by Mr. G. K. Hall Bratton, appeared for the respondents,

The Chief Justice in delivering judgment Enid

had not time to stop ihein, because I could not were singularly mopportune of the jury, bul

close the valves; rapidly.

Mr. Brown, the Chief Officer on the "Powan", Enid he went ronnd collecting the tickets.

Does not the parser do that? Yes, with themet on duty.

Wher witness had just finished collecting the tickets be felt the ship bump. He could not eee any laud. There was not much disturbance amongst the passengers when the ship went `aground.

k

*

I

Then you went to the assistance of the passengers-Yes,

Did you see any of the passengers in the

water Yes.

How did they get there -Many of them jumped into the water themselves.

When the ship tank was the launch still there -No it bad left,

all left with the launch.

-I went on the raft

Who picked you op A campa

to

for the limited nature of his question to the witness was clear. He was salons to get the fast of the finding of the watch in evidence independently of the means by which the Binding had been arrived at. The double I had had on the previous day had not been removed: after my raling the evidence of the fact of Bading could not now he put independently of the circumstances, and it was therefore in my opinion ascessary to elloit the whole facts, in order that the question to be ultimately discussed, and which now being discussed, should be properly raised, by having all the facts in evidence. It was suggested that the evidence of the Anding of the watch was on the same footing as if the "From information 1 Sergeant had mid received I found this watch". I do not think that there is any analogy between the two asses The Attorney General insisted in his argument that it was the duty of the presiding Judge to have made up his mind on the question, and hot to have bad any doubts. I am sorry I cannot agree. The donks which I had at the trial con tinged for a long time and will not be removed till the study of the decision necessary this judgement was complete; but they have at lugth been removed and I m satisfied that in following the course which is customary in such saver, I was right: that is to say, to allow the evidence to be put in, and either state a esse for or ressive the point for argument before the Fall Court, in the event of the verdict being against the prisoners. The advantage of this course is manifest for to have excluded the evidense ni ht have led to an acquittel, sal the Crown weald then be without a temedy. To admit it might lead to s conviction, and the prisoner is provided by law with a remedy. It is clear that judgment will not be deferred in order to allow, a point of law of this nature to be argued, unless the fact admitted in ovidence is of such importance that in the opinion of the presiding Judge the It was apparent that the verd et hangs onit. Crown, attached the utmost importance to the finding of the watch in the possession of the verdict must have depended on it, and I prisoner; it was oler to my mind that the have therefore no hesitation in saying that if the evidence was wrong y admitted the conviction should be quashed; if it was rightly admitted that the conviction should stand. It is clear also that this applice to all three prisoners, for although the watch was found in the possession of No. I prisener, the effect of it would be to set up the story told by the informer, that is to say, his story not only against No. 1 but against all three, The Attorney General while insisting that only the evidence elicited

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Hengkeng, 18 June, 1908. opinion that for three or four policemen to go

into a man's bedroom steam, and wake bin up,

Wi don was in the box. The statements de

The ampau took you to the San Cheng been raised, and I'(rast that what has been him, I protest emphatically that is not the threat, or any-daress exercised towards prisonor bad the watch subsequently identified |

→ Yee

Licut Batterworth-Are you told to any particuler station when the ship is in danger?

Yes,

After the adjournment the pilot, was called, He stated that he was on the bridge at the time, and he indicated the pourse that was set. From the whool house he could not see anything ontaide. The course was lightly altered ones or twice. It begin to rain soon after they passed a junk near Mawan. Some twenty. minotes elapsed and then witness saw a rook on the port bow. He did not see any land on the starboard bow, but when the captain asked him if the land on the starboard side was Mawan witness replied that he believed it was, slthough

be did not see it.

12, QUEEN'S ROAD CENTRAL

[33

CALL AND SEE THE

RACHALS AUTO ·

PLAYER PIANOS

into three-dialinot parts

to manufacture evidence, or to charge the pri soner with an offense for which they had no warrant. It would be monstrons if the law permitted a police officer to go, without say.one one being present to see how the matter was conducted, and put a prisoner through an examination and the produce the effects of Under the se against him. that examination circumstano a policeman should keep his month shut and ble eses open. He is not bound to stop a prisoner in making a state- mont; his daty to listen and report, but it is quite another matter that be should put questions to prisoners. A policeman is unl to discourage a statement, and certainly not to encourage one." I may note in passing that one of the effects of Sargeant Wilden semi-

of

1 the the watch tion were the discovery possession of No. 1 prisonar. Lord Rasall C.J in Rogers & Hacken said that the e observa-

and Hawking J. tions were perfectly just in E. v. Miller said he did not express dissent from any of the cases cited, among which was At the close of his long argument in this case,

R. v. Mate. Bat in both these cases statements they were arroated were admitted. It is there the losraed Attorney General for some ecoult

elicited by the police from the prisoners before reason, which I have been unabis to fathom,

fore dear that we ought to be able to and the treated the Court to a selemn rental of certain commonplaces. Bla particularly enjoined the

true rule between these two sets of cases. court to do its duty, reminding is that the case

Rogers Hawken was a case of cruelly to and ask him questions, which were intended to doubted bot of violence; and that the statements Was an important one: and warned us how

animals. The defendant's servant, Yist, ked and did, make him erinmate himself is sa un, sirenmstances are not serious a matter it would be if we lampared with

made a statement to a poliveman inculpating made by him in the

An offer of the Socialy for

inadmissiblo. voluntary, and are therefore his master. trial by jury in this Colony by neceding to the motion mada, on behalf of the prisoners. The

Pravention of Cruelty to Animals, in company has far assumed that there was an asinal Court bis 10 need of such reminders; and so

with ible policeman asked the defendsat : it trua that your carman told the police you confession in this case. The Attorney-General far as trial by jury is concerned the remarks for this is not i

sent the animal out and knew it was lane to strongly contended that there was no confession. which the defendant answered "Yes, I sent By contester Inderstand, not necessarily a Tost out with it" Nothing was said as to the full confesion of failt, but any statement made be put. which, being relevant to the issue may motion to set aside the Lo quash a conviction on the ground that evi dence bad been improperly admitted, on which

likelihood of proceedings: but the Society's in evidence against the person making it. The evidenes the verdict of the jury depended: the

officer was in uniform. The Divisional Courtienes sa to what toit place mast be taken possibility of these subsequent proceedings

held that R. e. Mal: mast not be taken to lay from the second cession when Sergeant down the proposition that a statement of the being thoroughly understood by the jury whom they gave their verdict. I have further

acouend made to a police a table without by the prisoner were theanswers to the questione question to state that I very much object

throats or inducemut is not in point of law

rulo the state-, as to his name: and the answer to the

He said it admissible. If there were.anch the au hominem argument in reference to the judgments of learned Judges at home Buch

moats of innocent persons might be ezel ded." who does this belong to f" arguments as this "surely you will not overrule

It is to be observed that this does not specially belongs to me." Now stopping her, I bare no usa bat in view of its application to the fast admission. Not perhaps from the Attorney- ath General's point of view, whosandidly admitted eo learned a Judge as Mr. Justice Jones" and

allude to answers toquestions put by the polion doubt whatever that this was a very unsterial so on. All the Judges at home must be treated by as an earned Judgee, as indeed they are;

of the case it may be presumed that it covers and so also I may remark see the Judges of

this ground. The Court held that the evidenos that he wanted to omit what actually took place, this Cart. The question we may have unfor-

so obtained was admissible on the ground that and the jarg to infer from other circumstances tonately to decide in case of conflict of opinion

there was no threat or inducement held out, that the box belonged to the prisoner. I do not between Judges at home in, which in our

presumably by the policeman. In R. v. Miller much ore for sash wethod of sendnding ROBINSON PIANO opinion is the under view to take of the

a detective isspastor had cailed upon the prosecution for murder, even though it be with

the question - we

the question was put by Wilden with a deluite "prisoner, who was suspected of murder, and had a view to avoiding a difficul! point of law: but poist raised before

is certainly have to decide in this care

said to him "i am going to ask yon some whether the learned Attorney General's inter-

questions on a very serions matter, and you intention, and he ostmined the information he pretation of the judments quoted to us is sound.

had better be careful how you answer." He expected and wanted. But there is more, it that a confession as I have above defined it may 1 wind, before dealing with the osse, toy

proceeded to question him as to bia movements require no argument to support the proposition Did you see anyone left P-No, I think they one word with reference to the Police. The from Wilde by the Crowa skon'd have been put on the night of the murder and the following be by gesture.jual as much as it may be by Court is engaged on an enquiry whether to the jury, said that o esas he had proposed morning, had asked him to produce bis clothes What bename of you when the ship sank? the action of a curtain. member of the force was to pat was that he mere faling of the watch and to secount for the bloodstaine on thom; and words, and therefore the following mast bo

legal, and not a little eritioirm has been en-

in a box by the bedside of No. 1 was sufficient after the conversation he took him fats custody incorporated into the enfession" I said open it, of the prisoner together, I think they asdunt dulged in. Bat it is not hostile criticism. A to justify the jury in coming to the conclusion on a charge of murder. Hankica-J. admitted and he opened it Taking the words and acts ganstion of great delicacy and difficulty has that it was in his possessios, and so to convict the evidence on the ground that there was no to a confession, of what P of the fact that be as belonging to the drowned, in his possession. Baid daring the argument, and what may sort of evidence on which men can be convicted that they were voluntary statements which the be Bald in the coura of this judgment will not of murder-in inch a case on this assuredly not, prisoner was tudor no obligation to make. He

Bay, in any way discourge the police in the con- for the watch was found 16 months after the added that it was impossible to discover the This is what in fact cocurred, and I tinted zealous performance of their arduous murder, and the rest of the evidence, as I facts of a crime without asking questions, and think it would be wrong to daties Those duties are very important, and the Colony fy dependent for its pence upon their pointed out to the jury, was of the shallowest these questions were properly put. I wonde omit all this, and treat the question as if the description, Sorgeaut Wilder's, view was whether the explanation of this case is that the watch bad been found in the box by in what bappend, or even being absent, being sealously porformed. The fact that a I think sound: he thought that the finding of detective was in plain clothes. But I am not Sergeant Wilden, the prisoner not taking any somewhat abstruse point of law may not have the watch should be accompanied by some entitled to assume this. Some things I think Powers to the polat on which at one time been rigorously complied with, supposing we evidence connecting ita possession with the are clear: that a statement made by a person should so bold, must not be taken assay us prisoner. And he elicited this evidence. The to a policeman before he is charged is admis. I felt great diffealty. It was very strenuously

Now the matter which in. hostile criticism, but only as a guide for the question we have no to decide is whether it that a statement made to a delective in argued by the Attorney General that the fact Justice for the consideration of the Full

oven though the knowledge as to where the Procedure, 1899. future. It can be but an error of judgment. baving elicitedit in this way it is receivable in plain clothes who has entered i to cover-ation of finding the watch might be put in aridence Court under section 18 of the Criminal At the samst time I am bound to say that my evidencor not I must now do the best I can with the prisoner subsequently arrested, even first experienes in a murder case in the Colony to unravel the law. It is ouateuded by the though he has been led ou, as distinguished Watch was obtained by confession not admissible objected to is contained in the evidence of

threat or holding out an in in evidence. I take the law as is alated in Sir in 1905 revealed that there bad existed in the prisoners Couvel that as the initial set of from making past a very wrong custom of allowing prisoners Sergeant Wilden was a trespass and therefore duement, would be admissible: thirdly, that Fitz James Stephens General Vion which lies Sorgeant Wilden and it may be divided when they were brought up to the Central Pelios illegal, the whale of the evidence thus obtained if polio:mas fa the conicas of his general point with relation to coalessions a well Firstly, the statement made by the prisoner Station to be promiscuously interrogated by the was tainted and should have been excluded. Inquiries geta an answer from a pron

have on a recent occasion expressed the view that is tantamount to a confession than that this also established. If in consequence of a confession No. 1 in response to a question put to blu by Secondly, the fact that the box was opened by deteolives. This seems to have been done away

admisible. But this does not bring the improperly obtained collateral information be the. srgesst. Wrong with some time before my arrival, but a vestige the law cannot sanction the doing of it oropped up in the ass I was then trying in order that good may mas. But whether dividing line into very clear prominenco: and procured the information may be used though

this can be applied

Thirdly, the words I searched the box "and- concrete case, I pat his question-Would the ras laid down the confession-may not. For instance if the No.1.1 There seems to be some misspprehension as to how the question now before the Court osme esuming the premise to be sound, I am in in R. Male. be ipplicable to the facts of B. e. prisoner points out the place where property is to be raised and in some respects, as will doubt. No authority was cited which, went Miller. The only distinction, spparent on the bidden and if it is found there the fact of the found a watch and chain and also the pro- Now the first objection taken on behalf of presently appear the action of the Court Relf to that extent and I must therefore express face of the reports is that Miller was not fading and the fact that the prisoner gave duction of the watch and chain by the witness.

woman in R. Male was in custody but not particulars of hie statement may not. There was challenged by the Attorney-General. my opinion that their argasert sinnot be sup- arrested when the questions were pat, and the directions may be given in evidence though the

Beem to be some modern cases which do not the prisoners was a general one. Mr. Blade. Bergeant Wilden was called, and deposed that ported. With regard to

v. Male, quite boar out this last sentiment but this is argued that the police officer, not being armed he went with the widow of Lok Bang, one of bo easily stated. The rule bid down in Russell charged: There is this difference to be noted in

the judgments that whereas in

(a) ontoring the house; 5.30 am. with other Chinese policemen. The admissible, ratst be free and voluntary, bat i

(b) searching the premises; fact hidden: and this stones excludes the applica tion of all the cases which were referred to, for

(c) removing property he found there and that You did not see anything ou pour port side? prisoner was in bed. He said, that is, in answer must not be extracted by any sort of threat afable-broadly, in R. Maller and Rogers v. not post out the place where the watch was

to questions put by Wildeo, that his name WAR violenc, ar obtained by any direct or Hawken emphasis is laid on the No. Yon were goinally at the wheel? Yes. Wong For and Ya Bing The learned implied promises, howator slight, nor by of the absens of any inducoment or

take this to be clear that the finding of the consequently-npon the wetry was inadmissible. Where was number 2 pilot 7-Ho was below, Counsel for the defence was about te rise to the exertion of any improper influence threat: so that the law would seem to be that they have no relevancy to the present case therefore evidence of ere thing that happened watch, had it been found without anything being and should have been excluded. It was put to us Was it the practice on the "Powan" to go object to the evidense being received, when I This relates to ouufessions made to ordinary before a person is in custody a policeman my sharply to the left after passing Chung Haef naked the witness whether the prisoner knew be perous The question is how far it applies to ask any questions he likes and only comes

I should then have warned the jury, having in ble offence committed, may follow the offender was a courtable; he answered," Yes: at least I concessions made to pe jos gonetables; and this moder the general law, the answers being done by the prisoner would have been evidence that thongh & police offcar if he seas an indicts view the other evidence, of the est danger of int hie house and arred him on pursuit, yrk Yes,

Questioned by Captain Black witness said he feel pretty sure that he did" thereupon divides itself into two park-confessions made admissible in the absenes of any threat or looked at the olook when be passed the rock and rejested the evidense. The Attorney fieneral after arrest aid charge, and thost made before inducement, I cannot honestly y that I it was 9.20 p.m. He thought he still had a milo continued the examination, and obtained the charge cone of the guts deal spacinity with eye this to be the law; but it is the only conviding the prisoner of murder in this circum- thst under no other circumstances may he enter to run before getting into the Pass,

following statement" He opened a camphor the farmder case: eg. Risted, where statement which repeddles all the decisions. stanges because it was of itself too slender to of which was worthless; and specially because No. 1 Quartermaster stated that about a word box, and I searched it and found a watch Hawkins J, said In my opinion when a pri On the other hand it is worth while enquiring saltantiate the other fants of the oss, mask to reject the whole of the evidence obtained by that the general principles of law appliesble to quarter of an hour before the "Powan" struck and chain." Counsel for the defence again bei: gzoner, is once takes, iute anstody a policemen what may be the genesis of the rule se to police

the deceased was of the most astisfactory arrest without a warrant should be easily ascer therock he left the wheel to fetch the Captain's | about to rise to objrol, I thareapon rejected this should ask me questione st'ail without admin's constables such as it is given. in Kee. Mala the identification of the watch us being that of this illegal entry. Now it is very desirabla

nature. I allade particul rly to the five minutes The wind was blowing from the evidence. The A torney-General referred

and embodiment of the law as to threats or indaco- raincoat.

amather with a warrant usually doen so boca115E Rusell on Crimes Vel. II. p. 510, and contering previously the nu caution. This aunot help thinking that it is the concrete

pojat a not voived r the present 038, south at the time.

tended that although what was said by the pri may be taken to be as above stated. The law, molts the offer of the law embodying the playasting in which the widow of the deceased tained-clear and definite. A person who arrests Who was at the wheel -The Brat pilot. The lockout min stated he did not see any acner might not be receivable, yet the finding so far as I can gather, seems to have been first threat of the lay. There is a pariage in Sir indulged before she would indentify it. And he must set instantly if he is to set at all and and after passing the Fairway Buoy.

of the watch was receivable as an independent laid down by A. L. Bikin B. w Gasing it Tiz-James Stephon General View of the should have warned the jury still more emphati What was the first thing you reported?- he i fact.. I felt considerable doubt on the subject, was not neopied by Day Lin R. v. Brockenburu, Criciant Law of England-which would warrant /daily that if they allowed is evidence to be engìt to be in no doubt et to his own duties and after the 180:es delivered & abbrt judgmout but from the note to fitted, it appeurs that this view there are, however, other interesta substantiate the other fans of the case, it would and liabilities. But asfortunately the details 110 appears to giving my reasons for rejsaling the evidence. Haghirs J. approved of it: The notes to Cox's to be considered, of which one of the most invoice the satting up of the story of the infor, of the law on the subject are very ouplic sted You mean to tell me you did not report to the But I intimated that the question belog | reports are sometimes valuable.because, L-thick important is the popularity of the law. It must mer, which I have no doubt as I told the jury and its principles are not easy of com obviously a very important as to the prosect I am right in saying, so far as circuit cases are never be forgolion that the poor and ignorant was in all incidents of his relations with the Prension. The statement of the law given tion to prove, I should admit it and leave the concerned the reporters sometimes pat into a are the persons most affected by the adulaisten-/ prisoners, a tissue of Falueboots, and if this were at III Bassell on Crimes" p..

and Jary bad found all three prisoners guilty there efect an arrest, as follows: Though a felony You must have been keeping the lookout very defence to more before judgment, if the verdict footnote something whichthe Judge has himself tion of oriminal-justice; and the min sters of oot up, it might lead them to find all three be a fair summary of the views of the older was against the prisoners, and 1 word rear said to them. The nets to R. v. Fisted is clearly justice, with whom they hav's most to do, the prisoners guilty. In those circumstangas if the suthorities on the power of a police officer could have been no such motion as has now be has been actually ommitted yet a bare suspi What were you watching-Nothing.

point for the consideration of the Full of such a nature. I make this remark because in police, have just the amount of intellectuel You saw nothing at all that night?-I Saw Court under Section 18 of Ordinance 9 of 1855. the headnote it is said "Persons about to be ecial superiority to day labours, and the

attberize a proceeding to this extremity unless The Attorney General then said he would not taken into essiedy shouldnot be oross-examined lower flass of chauice, which makes them the made, and the prisoners would have had nothing in of guilt against the party will not The inquiry was adjourned until Shinrday pit the evidence forward: I intimated that I by the police," I refer to this matter als objects of palier jealousy, and renders it but the prerogative of mercy to fall back on.

becanwa the Altorney General contended that desirable to take special precautions against. But the evidence which was pat before them the officer cones armed with a warrant from s morning for the evidence of the second floor thought he was right in the circumstances.

Wikien then deposed that he took the prisoner the emphasis was on the ones baken into sbases of their power. But this would apply enabled the jary to accept the prisoners' posses rugistrate grounded on such suspicion For ony and is cot indiatodit is said to be the better who is at present on a voyage to Manila

from the hon and meating the widow, custody and he argued bat, borefore, before as well befor casteds as sfter; and would aion of the watch as an admitted fast; and on he arrested him in the road and took him to tbo, person was taken into custody, any questions exclude confessions made to a prson known bat without desks their verdict hung. This where a person lies under a probable suspicion wrongfully option that the breaking open outer doora in not to inquire what they might bare done in order to apprebend him cannot be justifled-or other circumstances, bas simply to deal with the Attorney Guneral stated that there had been ful whether this is so but it is the question such as-au inspector of the Speisty for

I thongh

have to decide. I shall revert to R. v. Hists Prevention of Craeity to Animals. I must do not know what it soul have bean; that the

again presently. Turáng to B. v. Gavin the notice R. v. Berriman berase there a much facts as they are-I-think-therefor that the must at least be considered es dons at the peril appeare to have formerly prevailed on this. and that he importance to the prosecution,

after he is ence given in charge, and he ought to be made to oriniusto himself, and no police judges in Rex v. Bawdry. Have I saorified therefore proposed to re-cal! Sergeant. Wilden Smith Jaid prisoner's month is closed By the law of this contry, no person ought one word in consqauro of what was said by the spicca is guilty. But a different doctrins To this assented. Wildan then gave the

have already glanced following evidence: 1 saw a camphor wood not to be naked anything." Theu comes this officer has any right, until there is clear proof justice and common souse, not at the shrine of point-by which it was hold that if there were

is in custody he may be asked what he has to searching questions to a parson for the purpose case emphatically, no.

at the satisfatory nature of the eviders, stable might break open doors although he bat box in No. 1's heuss by the side of the bed ho sentence Before the prisoner la obarged or of a crime having been committed, to pat merey but at the sirine of gull Pr Isay in this sut reasonable gratad of suspicion cuentabla what general terms. In the reported onses the was lying on. The box was opened by No.1, say in explanation or in answer to the of elinit ng im him whether an offence has

I will deal with it now more generally; there no warrant," The far is here stated in some here WBre

ere only tre fec's certain the case: the three

discussion seems usually to have been concerned and I and a watoh and-obain inside." He charge." I do not see how a man can answer been perpetrated or not."

we were murdered and that the informer was with one of two questions. The One--what identified a wateb and chain, which bad or explain charge before he is charged. The rumours that a certain woman had been

among those he committed the crime but would be the conseguences to the surviving puriy previously been identified as belonging to che question what, the police way do in the way of delivered of a child and had concealed it:

as to the feels related by the informer, and by if apon attempt. to arrest withone a warrant of the deceased by his widow. In auswer to of enquiry before charging a man has been and questions were put to her by the

the principal wiresses for the Crows, specially the officer killed, the acccused or was killed by dealt with in a few ones of some importance, police which orimiusted herself. I confess to questions by me, Sergeant Wildan then

by the widow of one of the deceased there was said "He opened the bar in consequence of

and the me before me je stated in them very that I do not see much-distinction between, come hing I said. I had asked his name. di-tine 15. Cave J. gave a deliberate opinion in such a case and the present one where there

Det one flimey particle of truth in it: the real hins in other words what would be the legal saw the box by the bad.

facle of the case were carefully kept back by responsibility of the survivor ? The other qu I said, who dosa B., Mais: and this derives addideral force was ramour that No. 1 prisoner had committed The forecast for the 24 hours ending at ngon

ON BE those who only ka w them, and the most ridin-what would be the position of the offer setion of trespass for breaking and exter this box belong to He said it belonge to-day is as follows:

culous cock and bell story pot in their plooing would he have a good defence, If without (S.E. & R.winds to me. I said opss it, and he opened it from the fist that it was given in the same year, the murder. The probability of scrime having and after be bad delivered the judgment of the brea ommitted by a cartain person cannot

What the true facts of the most dastardly warrant! I can nowhere find it enggosted that moderate or I then repeated what I had said on the pr vious C-art of Crowa Cases Bervid in R. v. affect the duty of the police and make it differ-

murder were we are not likely over to know the legal effect of a tortions entry woull be to freeb; showry day with regard to reserving the point for the Thompson Apparently being chosen by the other out from the ease of probability of

nor whether the real murderers were bot four shot out evidence of what took place after the 5.E.&.vorable Full Court. There is therefore not strictly Judges to do so. It was afterwards approved person having committed

aud Bay bat wenty-four. I wit go farther winds, mod to, speaking a metion in arrest of judgment, but in general terms by Lord Russell C. J. and opinion seems to me therefore to cover the pro- s point reservert anders. 18 of rdinances of Matthew J. in Begers v. Hawken. The facts sent case. But it stands alone and though still

The jury principle, would require to be supported by the

Now in the bal anything to do with the case. Borth coast of China betwean I Same as No 1. 1855, The Attorney General dating bía argain R. v. Malo were as foliow—-Two women, quoted in Archbold, is in conflict with the more that I have grase doubts whether faug shai/over entered and in my opinion such a novel.

ment ecntended that although the Court had the Male and Uooper, were indicted for performing recent decisions to which I have alluded. Is

har found the prisoners guilty probably from most unimpeachable authority. Bone weakness which they detected in these before as it does not appear from he, evidence vor was it suggested in South coast of China between Same'an No. 1, right to put these questions the evidence was an illegal operation on a third: This womsa | K. Ħ. Met Bawkins J. zail "Every esse must On the be des dad atording to the whole of its circum- inadmissible, and that it ought not to have been had made a statement to the police,

I do not like the circumstances in prisonere defence, but cartal ly not on the argument that there was any "breaking

direol avidence offered by the Crown.

of the house in the technical sense by pat before the jury. It will be na well to deal arrest of one of the other women the inspecter stances."

The Faise Judge asid--This is a question of the police in order to effect their entry. HOW TO BE BRAUTIFUL-Keep your com-with this point first. It will subsequently appear cautioned ber, and on the road to the station which this confession was obtained; but I way plexion, Mrs. Ellen's Créme Charmante, Lait that this is really the crucial point in the ease. seked her questions, based cu the statement of act in strict comformity with the rule laid down

the woman slready made. The evidence of what in Hoge su Harken, applying to it the text ofar as to the admissibility of certains evidence The Ceart will not presame illegality and oo

month for the The important veinn ary confession de laid down in arising on the trial of an indie ment at the assumption that a "breaking would bare barmant and Special Skin Tonic and Pondre 1 am of opinion that I bad clearly the right to

(Continued on page 5.) Charmant will enable you to do it. Har put these questions; and that if they had been she had said was disallowed.

parts of Cave J's Judgment are these. "The Tompson, it is not voluntary if it is obtained the Specialities for the Skin are the study of a elicited in cross-examination by the defence R-time. A. B. Wsterns Co., Ltd., Selo Agants I could not have excluded the evidence, The police had no right to ask questions, or to seek by any sort of violence.

623 reason for the Attorney General's action and

You Ald not see it properly --No, sir. Did you form any opinion why you were there? The answer of witness was not very clear and when prested by the President le said he could give no reason why be thought they Is that the arnal course N.W. by W?-Yer.

were near MEW,

to

thin

of

confessionthe hw can

-You thought the land looked liked Mawan murdered men, to the house of No. 1 prisoner at ou Crimes is that s eonfession in order to be reference is made to the duty of a polioe con- not material to this gag, Bat the prisoner did with a warrant, aoled illegalty in :-

Yes.

abip struck the rock.

Did you see a junk P-No. captain that there was a junk there No.

You never saw the junk ?-No.

bally.

the rain.

WEATHER REPORT.

The Hongkong Observatory yesterday issued the following report:-

the

some misconception se to my

raling,

to

ahunes without a warmit; and we wera askað

a warrant to break outer doors to

On the 23rd at 1.55 a‚.--The bergmator has finding of the watel was a point of great is something very obscure about the report simpler prinsiplo se laid down by Erle J. conviction should be quashed. I have only to add of proving that the party so apprehended unop

falle rapidly in Japan owing to the depression, which i new sinated over the 9.W. part of the Bea of Japan. It is moving towards B.N.E.

Pressure is highest over the Pacific to the F of the Bonit. It is still somewhat low over Tengking end the N. W. part of the Chins Sea Maderate SE, and variable winds may be expicted in the Formoss Channel end moderate 3, and B.E. winds over the N. part of the China Hongkong rainfall for the 24 hours ending at 10a.m. to-day, 34 inches,

Hen

Hongkong & Neighbourhood.

Formons Channel....

Hongkong and Lemocke, Hongkong and Hainst...

I

crime..

pertain

Erlo Ja

Oriminal Sessions

And I am clearly of of May which bas been reserved by the Chief

of Isid before the