1912-10-29 — Page 3

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CORRESPONDENCE.

THE PRISON STAFF. [TO THE EDITO OF THE "RONGKONG DAIL_PRESS."]

S1 Following on the previous in- formation furnished by me to the Daily Preax, which has had the effect of arous- ing interest in the workings of Victoria Gaol, I should be obliged if you would publish the following additional particu- lars which go to show that all is not running so smoothly in the prison as his Excelleney's speech at the last meeting

SUPREME COURT,

Monday, October 28th.

THE HONGKONG DAILY PRIJS TUESDAY OCTOBER 29ra, 1912.

IN CRIMINAL JURISDICTION..

BERE THE HON, Rees Davies, K.G. (CHIE JUSTICE).

FATAL BOMB THROWING AT YAUMATI. Wu Hon, a native of Heangshan, + tailor, 25 years of age, described as residing at Yumati, was charged with feloniously nering Li Kwan Tsim on 11th September.

1

The Attorney-General (the Hon. Mr. of the Legislative Council would lend on. A. S. Bucknil) prosecuted for the to believe.

Crown, and Mr. F. C. Jenkin (instructed by Mr. S. Russ, of Messrs. Goldring, Barlow & Morrell) defended.

It is quite true, as his Excellency said, that two European warders are on duty at night, but when one comes to consider the round of their work, which was explained to the Council, the assertion of the adequacy of the staff is still far from proved. The warder on night duty does not start work until 9.30 p.m. Then he goes to bed until 3 a.m., when he turns out to muster the cooks and goes to the cool house and superintends the cooking of breakfast for the prisoners. He has nothing whatever to do with the warda,! or the patrolling of the halls or wards. When there is a condemned man in the prison, he does not go to bed until about 10.30, us he has to take over the duty of the Principal Warder while that official attends at the single man's quarters, calls the rolf and puts the lights out, which is done at 10.15 nightly.

Night duty is taken in turn by all warders who have had over three months' service. After being on duty from 5.30 am till 6 pm, the man who is booked for night duty returns to the prison at 9.30. The Principal Warder on night duty gres on at 5.40 p.m. and carries on vatil 5.30 am, when he is relieved. In there any other Government servant who does 12 hours' duty without a spell or a meal'?

With regard to the recent escape from the gaol, the question as to how the prisoner secured portion of a bucket handle does not appear to me to be difficult of explanation. He was confined

Following were the jury:-Mesura, J. W. Kew (foreman), R. K. Miller, W. B. Stormer, P. W. A. Wilkie, L. J. Blackburn, H. L. Beyer, and T. É. S. Robson.

His Lordship said he would like to say that he had taken measures to insure, as far as possible, that none of the jury. men who served in the last murder cases should be called in this case.

His Lordship asked when the Attorney General would like to take the Shameen murder case,

The Attorney-General said it was not ready for re-trial at present. It might be that another jury would be required to he empanelled, or a special jury.

The Attorney-General in outlining the case now before the Court said he thought they would agree with him that there

which

That

were few more dastardly outrages than bomb throwing. This was a case of the throwing of a bomb. There could be no doubt whatever that about noon on 11th September, at Yaumati, an explosive bomb was thrown, from which the de ceased met his death. He was terribly mangled, ard although he was taken to he the hospital the wounds sustained were SO terrible that her succumbed in the early hours of the following morning. The question was, Who threw the bomb which killed this man! The evidence which would be placed before the Court was, roughly, as follows. The deceased man met a friend, who was walking with him a pace or two behind. This friend, whom he would call first, would say that as they were walk- ing along the street he saw a man throw a bomb and saw the deceased fall down. The friend of the deceased chased the man, and caught him with the assistance of one or two Chinese constables. seemed very strong evidence, and if it was a fact, as alleged by the witness, that he actually saw the man throw the bomb, chased bim, and actually caught him then that evidence must be, of course, most important. Two Chinese constables would swear that they saw the witness chasing the man who threw the boiab. They joined with him and they would say that the accused was the man they caught, Deceased was in a terrible condition, and in the afternoon a Magistrate went to tho Hospital to take, if possible, what was known as a dying statement. hope could be entertained of the de- ceased's recovery, and the Magistrate took certain statements from him. (the learned Council) was not going to tell the jury what these statements were, for the reason that his friend who was The recent escapee was. I believe, one defending the prisoner might properly or of the workmen who assisted in building improperly object to the statement made the wall through which ho escaped, con- sequently he had a good idea of the by the deceased boing given in evidence at all. He might say that it was in- quality of the mortar used in its con- struction. The said mortar is not worthy admissible. He (the learned Counsel), on of the name, and the prisoner, who saw the other hand, contended that it was However, as he had said freedom on the other side of the wall, had admissible.

before, it was not his duty to improperly little difficulty in burrowing through.

press charges against people. If he told them what the statements were at that stage, it would not give his friend a. proper chance of objecting to them.

the ward of "apccially watched" prisoners, which contains a number of old offenders who have come to regard the prison as their home, having entered it on sentanee times out of number. These men are in charge of an Indian Assist- ant warder, not a European. I have been informed that the Peak burglar was opposite a former escapee, while the man in the cell next to him was a prisonor who took hie turn as orderly. These orderlies sen vant to different parts of the prison, and if such a man was sent ou an errand with a new Indian guard it would not be difficult for him to pick up portion of a bucket handle (supposing one to be lying about) or anything else that would be of use to assist a prisoner in an attempt to escape, conceal it on his per- son and then bide it in his cell. After the European warder on duty has search ed a "specially watched" prisoner, what is to prevent the orderly, who is in an opposite or adjacent cell, from wrapping an article up in his towel, cell cloth or any old rag, and throwing it to the "specially watched" prisoner when the ward is clear? There is not much space

hetween the calls.

No

He

Evidenco was called, and the friend of the deceased corroborated the Attorney General's opening statement.

When asked by Mr. Jenkin as to whether the deceased was unconscious witness created amusement by replying: "Well, I will say that he was 30 per cent, conscious and 70 per cent, un conscions !”

J

bad, and he died from shock and humor- rhage consequent upon his injuries the following morning.........

Aptor words might no doubt have been administration of the fund or the form in employed to express that intention. But if which notices or reports are to be sent out or circulated or as to the documents which that is not the real meaning-and it is necessary to construe this language as con- should accompany notices or reports or Dr. Allen stated that he was called to ferring a great power on one Trustee to hold otherwise? see the deceased. He was on the footpath bath offices permanently-then in view of and had suffered several wounds, the the context in which the words are found, principal ons being to the thigh, which and of the clear and express provisions of

Here, again, the answer is that tho Rule 4, I have no lacsitation in rejecting them was almost completely smashed. Witness being in manifest contradiction to and Trustees must use their own discretion and found several pièces of white metal on the nullifying the clear intention of the instru-ast in accordance therewith. spot.

The hearing was adjourned.

IN SUMMARY JURISDICTION,

BEFORE MR. H. H. J. GOMFENTZ (PUISNE JUDGE). (PUISHE

An action was brought by Marie Los, trustes of the will of George Lee, de- ceased, of The Nook, Kowloon, against Li Yneng Sun and Li Fang Tai, of independent means, also of Kowloon,

Plaintiff's claim was against the de-i fendants as exccutors of the estate of Lo Ah Hing, deceased, for the sum of $405, money lent by the late George Lee to Lel Ah. Hing, and for 8102.3% interest.

Mr. W. E. L. Shenton (of Messrs. Deacon, Looker & Deacon) represented the plaintiff, and Mr. Jackson (of Messrs. Johnson, Stokes & Master) appeared-for the defendante,

Inspector Cameron said tbut last March the plaintiff complained to him, and in consequence he saw two sons of the late La Ah Hing. One of them undertook to pay the interest on the money when he sold his pigs, but Mrs. Lee complained afterwards that though the pigs were sold the money was not paid to her.

ment.

1 como then to the second question. Q. (2.) Whether upon such construction, an aforesaid, and in what events, and to what extent, if at all, the office of President and Secretary can validly be held by one and the same Trustee?

Here, again, there is no real disagree ment

The answer clearly is, Yes--but in two

Events only:---

1.

(b.)—When at a meeting one or more officers are absent; then, again, but for that meeting only, one Trustee may fill

both offices.

(-)--When at a meeting ono or more officers aro absent; then, again, but for that meeting only one Trustee may all hath posts.

I come then to question 3.

Q (9.) Whether upon such construction and of a Secretary from amongst the as aforesaid the appointment of a President Trustees lies in the hands of the Trustees tho For in the hands of the subscribers

fund created by the above mentioned Deed in General Meeting?

The answer to this question is not directly from the general policy of the instrument. provided by the Rules, but most hu gathered A great deal is left to the discretion of the Trustees: the management and eustody of the funds is to be in their hands." Rule 8 "In all matters not provided for the Trustees may act in such manner as may appear to them reasonable and proper and as may be best calculated to promote the Mr. Jackson submitted that the plain-interests confided to their trust.” Rule 26 tiff was not the proper person to sue, as Bye-laws are to be made not by the com munity may approve the bye-laws so made;" she was trustee of the estate, and the exe-munity-but by the Trustees the

but has ne power to add to or amend them. cutors were in Hongkong.

Again, tho, position of the Trustees oneo appointed is a very strong one-a Trustee may only he removed from office for s reasonable cause and then only, if three- Eourths of the resident members qualified to cote be present at the meeting and there -is-a-three-fourths majority for remoral.

After evidence had been called, his Lordship reserved judgment.

IN ORIGINAL JURISDICTION.

BEFORE HIS HONOUR ME H. H. J..

COMPERTZ (PUIANE JUDGE).

QUESTION OF CONSTRUCTION OF A DEED OF TRUST.

Judgment was given on the summons for determining certain questions under the deed of trust of the Zoroastrian Charity Fund. The plaintiffs were M. P. Talati, D. K. Sethna and A. B. Avasia, and the defendant H. K. Erani.

Mr. C. G. Alabaster and Mr. Eldon Potter, instructed by Mr. H. W. Looker (of Messrs, Deacon, Looker & Deacon), appeared for the plaintiffs, sud Mr. F. C. Jenkin,, instructed by Mr. G. K. Hall Brutton, for the defendant.

His Lordship, in delivering judgment, said:-

This is an originating summons taken out by three of the Trustees of The Parsee or Zoroastrian Community of Hongkong and China for the determination of certain questions of construction of the Rules under the Trust Deod.

limited

company.

com-

think

In the administration of the Trust they are in certain specified cases to obtain the Hanction of the community before acting, but, generally speaking, they are to be guided by their own discretion. the powers vested in them were intended to be analogous to those exercised by the directors of

The analogy must not be pressed too far, but I think that it applies to this extent that these Trustees were intended to have the appointment of their own officers. I cannot agree that the practice-whatever it may be that has obtained since 1878 can be any Guide to the construction of the Deed. Again, it was pointed out by Counsel that no machinery is provided for an election of officers by the community. It might he highly inconvenient to sumrion a special meeting for such a minor detail as the appointment of a successor to a secretary who has resigned that office while remaining a Trustee. On the whole, then, 1 think that the appointment of officers lies in the hands

While I think it un-of-the-Trustees. -

fortunate that some of the questions pro- pounded should have been brought before the Court at all, believing as I do that they would not have arisen had all the persons interested taken a broad view of their rights and duties, I have no hesitation in saying that in the circumstances, even had no trition arisen, the Trustees are fully justified in requesting an authoritative decision on matters of principle.

The first question is as follows: -- Whether upon the true construction of the said Deed of Trust and of the rules and Regulations comprised therein as subse quently added to or amended, the office of President and of Secretary (whether in either Case Bubstantivo or active) can validly be held by one and the same Trustee

Colony? when there are four Trustees present in the On this question there is very little real controversy.

Rules 3 and 4 are as follows:--

(3.)-The management and custody of the said funds to be left in the hands of Trustees, consisting of not more than four nor less than three, of whom three shall be a quorum, who may be termed the "Managing Committee."

But I am not sure that this extends to temporary appointments for the purposes of resting only: In the absence of the regitar officers I think the appointment of a President and Secretary of a meeting would bo in the hands of the members present at that meeting.

The answer is clearly in the negativa. The principle is to be found in the cases upon the powers of directors;

They may if they choose consult the com- munity, but the responsibility is clearly on the Trustees.

I have now doalt with each of the ques tions submitted to me in its proper order.

But it may be as well to point out that the requirements of Rule 26 have not been carried out. Its provisions are imperative, and it is clearly the duty of the Trustees to do what is enjoined on them. If they are of opinion that stereotyped bye-laws would be detrimental to the interests of the Trust, it is their duty to take the proper steps to get the Ruis altered. I do not, of course,

know

whether my conclusions will be necopted by the parties. But in any case should like to warn them that the final determination of their domestic differences does not properly rost with Courts of Law. It would be quite easy with a little wrong- beadedness on either side for the whole

to a dondfock. The explanation is very administration of this Trust to be brought

up, the founders of the Trust have cur~ simple. When Rules of this sort are drawn fdence that their successors who are united by common ties of race and of religion will

for at reasonably in the settlement of differ- another's failings.

The Zoroastrian community is honoured, ences and will make allowances

wherever its members have found an asylum, for its intelligence, its liberality and its public spirit:

Ото

I earnestly hope that they will put aside faction and unite whole-heartedly to carry on the good work inaugurated by their predecessors.

THE REPUBLIC OF CHINA-

་་་་་་་་

SLACKNESS.

At the meeting of the National Council, Li Chao-nien pointed out that, though the time of meeting had been altered, the House was still forced to wait for the arrival of late-comers in order to form a

quorem.

..

THE CANTON LOAN.

The special committee has reported adversely on the Kwangtung Loan. When their decision was reported to the House a discussion took place. The majority of the speakers were strongly opposed to the terms of the loan and, finally, the House rejected it..

INTIMATIONS

8

SIX YEARS ITCHING TORTURE CURED

Face and Arms Covered with Eczema. Suffered Immortal Agony. Cuti- cura Soap and Ointment Effected a Complete Cure in Three Weeks.

"It gives me great pleasure to bear testi- many to the marvelous hosting properties of

Cutleuta Sasp and Cuticura Gintment. owe them a debt of gratitude for my complete euro from elx yours" itching torture of cereria. My arzus and face were covered and doctors sold it was incurable." I used to dread work for then, I got very hot and itched terribly and my arms swelled so at night that I could hardly rest. Then I read the offer of sumpics of Cuticura Soup and Ointment in the paper, which I advise all skin-sufferers to apply for. 'Before I tried Cutiura Soap and QuE- ment I suffered immortal agony but after the sample had relieved me of the itching, I kept on with the treatment for three wools and it effected o complete curo when doctor had pronounced it hopeless. Outleura Boap and Ointment are a pational boon enda great relief to all who suffer from disannes of the skin. I am a constant user of the Cuticura Soap, and the Cuticura Sony and Cintisant are surely invaluable remedies for ecserna from which I was a great sufferer until I tried the Cutlera Boap and Oint- mcat." (Signed) Enoch Evans, Baron Hill, Beaumaris, Isle of Anglesea, N. Wales, July 23, 1011.

Cuticura Soap and Cuticura: Ostroent adford the speediest and most economies! treatment for skin and scalp humours, of Joung and old. A single set is often sufficient. Although Cuteurs Soop and Ointment ste gold throughout the world, a liberal sample of cach, with 32-p. book may be had, post- free, from nearest depot: F. Newbery & Bom, 27, Charterhouse Sq., London; R. Towns & Co., Bydney, N. 8. W., Lannen, Ltd., Cape Town; Muller, Maclean & Co., Calcutta anf Bombay: Potter D. & C. Corp., Boston,U.S.A.

89-17

Chs. J. Gaupp

& Co.,

ALEXANDRA BUILDINGS,

CHATER ROAD.

POOR MANCHUS GAZED AT BY SIGHTSEERS,

Some 200 Kinchow Manchus recently arrived at Wuchang and were quartered in the Temple of Hell outside the East Gate and not permitted to enter the city. Each is to receive the sum of twenty dollars Crowds have gone to guza ut | Always have on hand a very large complete them. The sight is a rather pitiful one.

stock of

SCIENTIFIC AND

THE ROBERT DOLLAR LOAN, Consular telegrams received in Peking from Hankow state that the contract for the Robert Dollar Loan of £1,500,000 was signed on the 12th inst, and that the loan will bear interest at the rate of five per SURVEYING INSTRUMENTS cent, and will be issued at 97. It is un- derstood that the preliminary Contract must be referred to America for ratifica-Transits, Levels, Plane Tables, Prismatic and tion.

Sight Compasses, Hand Lovele, &c., &c.)

PAYMENTS MADE ON THE BOXER INDEMNITY.

China has resumed the liquidation of the Boxer Indemnity, to-day, by order- ing the payinent in Shanghai of £247,000, sterling, which amount is derived from DRAWING a portion of the revenue collected by the Native customs and reserved for this particular purpose. By this payment the Central Government clear off the Boxer Indemnity liability up to the 30th it.

JAPAN AND SOUTH MANCHURIA. The Peking Daily News states that in consequence of certain rumours the Kirin Provincial Assembly and several other important organisations have held a special meeting in order to devise means to frustraie Japanese attempts to annex South Marcharan

Q. (4)-Whether upon such construction as aforesaid, or otherwise, the decision of the majority of the Trustees of the said Deed on questions relating to the manage ment and ah inistration of the Trust Fund prevails and is the decision, of the Trustees? This can be answered very shortly. I am quite clear that on all questions of manage meat and administration of the fund except where otherwise specially provided by the

It was resolved to instrument the decision of the majority of bound to exercise the discretion conferred on petition the Government to strengthen the Trustees should prevail. They are them and they have no right to abrogato both the military and police forces in their functions in favour of even a majority the district of the community, The Trustees, and not the community, are to manage the Trust.

Q (5.)-Is as follows:- Whether apon such construction as afore said, in the event of the temporary absence from the Colony of one of the Trustees, between one annual meeting of the sub- (4.)-One of the Four Trustees to be scribers to the fund and another, the sub- appointed as President and another as scribers are entitled to treat each absence Honorary Secretary.

as creating a vacancy amongst the Trustees and to elect another Trustce in the place of a Trustee ao temporarily absent?

Then Rulo 15 is as follows:--

·DEVOLUTION CELEBRATIONS IN YUNNAN. The celebrations in Yunnan in connec tion with the first anniversary of the breaking out of the Revolution took place in splendid weather. There was great enthusiasm and huge crowds gathered to take part in the festivities. Good order was kept The programma included a successful gymkhana, and the illumina- The people were tious were brilliant. greatly pleased.

THE CRISP LOAN.

also

INSTRUMENTS

AND MATERIAL

(T Squares, Set Squares, Straight Edge, Scales, Inks, &o., 20.)

ÅDENTA FOR=

W. F. STANLEY & Co., LTD.,

LONDON.

E. R. WATTS & SON, LID.,

LONDON.

OUR

OF

THE EYE

This last escape appears to have created a greater furore than the escape of the life-sentence man and all the others put together. There have been five escapes in 3 years, one man getting away twice.

The phraseology is unambiguous and I Since the reduction of the European staff

think the intention is clear: that when there

The secretary of the House read a I feel some difficulty in answering this there are not enough warders to put two

are 4 Trustocs present in the Colony the offices of President and Secretary cannot question. I am willing to go this length dispatch received from President. Yuan Europeans to each ward where they are

the Crisp wanted. Thore rs

fewer European

be held permanently by the same individual.with Mr. Potter that I agree that absence Shib-kai, which requested the upproval

does not mean simply non-presence. Purely of the National Council to warders in the gaol now than over before,

R. (15.) In the absence of both the temporary absence in no way interfering Loan. The watter was postponed owing to the absence of the Government dele- notwithstanding the big increase in the

President and the Secretary or of either with the duties of the Trustee would not, I

gate. A member of the National Council number of prisoners. I have seen as many

of them, either or both an acting President suppose, he reasonable cause for removal. or Secretary for the time being to be But it is quite clear that the community said that Government delegates were as 180 prisoners in the yard, with only two

A Chineso constable deposed that whilst

appointed from among the Trustees, have a diseration in the matter of removal, often absent when required and asked the STUDY Europaan warders to look after them.

XXX, and if desirable it shall be lawful and in exercising this discretion they must chairman, to notify the Government to

that effect. There is not the slightest doubt that the in the presence of the accused and the

for the one person to fill the offices of not be actuated by any improper motive ar President and Secretary, whether per- act arbitrarily or capricious. If they act greatest dissatisfaction prevails, and has deceased, the latter said: "Will you ar

manently or acting..

teasonably and bond fide, the Court has an

FORGERY IN JAPAN. for some time past prevailed, among the reat Leung Chai Hop for me? This is the European members of the prison staff. man. Hold him and don't let him go.”

I agree that this Rule applies only to power to interfere. What the Court could meetings, whether of the Trustees or of the hold in any particular case must depend

The forgery of billa in the Nagoya Bome 23 years ago two European warders He pointed to the accused.

Mr. F. Brown, the Government analyst, members in ordinary or special general meet on the facts of that case.

Q. (6)Whether upon such construction branch of the Mitsui Bussan Kaisha, the with 10 years' service desorted, and it is

Lange embezzlements in the Tokio Agricul a well-known fact that men in the Gov- deposed to receiving three samples from ing. The Rule comes third in order of four

ture and Industry Bank, and the stealing ernment service who have got so far on Inspector Cameron. He found in two of Rules dealing with meetings: and moreover as aforesaid the taking by the Trustees or I think its wurding shows that it is meant any of them of legal advice as to the con. towards a pension are slow to relinquish them traces of chlorides and sulphates to regulate the procedure at meetings, and struction of the said Deed or upon questions of bonds held in trust in the late 20th the hopes of so many years without what substances that one would expect to is not intended to have a wider application, arising in connection with the manage Bank, of Tokio, which have come to light If both officers are absent from the meeting ment of the fund amounts to blameable lately in rapid succession, have gravely they consider just cause. As to the man find in a Chinese bomb.

P.C. Roddick stated that he heard athen I think that, for the purposes of that negligence or misconduct in office or any alarmed directors of banks and com- of a few years' service, when he gets a

The Metropolitan Police are reported better job be has to desert to avoid paying noise like the explosion of a bomb, fol- meeting only, one of the Trustees present other reasonable cause" within the meaning panies, says the Japan Chronicle.

The answer here is obviously in the rega

to have instituted investigations into the President or the same Trustee may be three months of his salary to the Gov lowed by the sound of whistles blowing may be appointed Secretary and another of Rule 22 of tho said Deed?

style of living of those clerks in banks ernment, an amount which few are able to Witness proceeded in the direction from appointed to act both as Secretary and tive.

Q(7.)Whether upon such construction

and companies who are in charge of cash or securities. Further, directors and save out of their meagre remuneration which the whistle apparently proceeded, President. Or, if one officer only be absent,

and found the accused struggling with the other, for the purposes of the meeting, as aforesaid a President can be appointed Yours, etc.,

two or three men... Witness found the may be appointed to fill his place. And this for a year, and by rotation from amongst managers are considering a proposal to appoint inspectors, and to adopt better That seems to me purely a matter of methods of supervision in ordinary busi- deceased, why was conscious, and speak- whother there are four Trustees in the the Trustees

Colony or not. The only question under ing in his own language, on the footpath. Itule 15 is absence from the meeting. I have management. In the absence of bye-laws itness transactions, the unification of books, The Volunteer Camp is to be held at Inspector Cameron came up, and tam next to consider the words "either perman would be a matter for the discretion of the etc., and employés in charge of cash and

They may have been Trustees. Fanling irom da 15th to the 24th Novemporarily dressed the wounds of the man, ont or acting."

Q. (8.) Whother upon such construction securities are now being closely watched. The perpetrators of the recent embezzle- a permanent or

ments were regarded as diligent and Volunteers will proceed there by who was ultimately removed to the Gov intended to mean that

substantive President might he appointed as aforesaid the Trustees are bound to

Their defalcations, however, talet car having hean arranged - arnmont (Sivil Hospital.

Sarrators for that meeting-or observe directions given to them by the hunost.

Sahand how a maiority

minnnad and have been

bar.

EX-WARDER.

no

45

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