1913-09-16 — Page 3

SUPREME COURT.

Monday, September 16th.

IN ORIGINAL JURISDICTION.

BEFORE HIS HONOwn Sin WILLIAM REES (Chner JUSTICE).

THE CONSTRUCTION OF A CHINESE WILL.

His Lordship delivered his reserved decision in the matter of the estate of Chan Quan Be, deceased, and in the friendly action brought by Chan Yau and Chan Pet against Chn Wu Shi nod

others.

Mr. M. W. Slade, K., instructed by Mr. L. R. Needhara (of Messrs. Ewens & Needham) represented the plaintiffs, Mr. E. II. Sharp, K.C., instructed by Mr. F. X. d'Almada e Castro, appeared for the first three defendants, who are executors under the will, and Mr. F. C. Jenkin, instructed by Mr. C. E. H. Boavis (of Messrs. Wilkinson & Grist), was the Counsel for a legatec who had a obtained leave tu bo added 20 defendant,

{LU

His Lorviship, in the course of his judgment. said the bequest to the five boneficiaries was in his opinion absolute goo, and he could discover nothing which would justify him in acquiescing is the construction which the plaintiff desired, and regard the bequest as a gift for life with remainder to the next of kin absolutely. It was also clear upon the authority of the cast cited that devise of the roat of land passes the land itself. The testator's intention was

as to

THE COCAINE AND

MORPHINE CASE.

THE HONGKONG DAILY PRESS, TUESDAY, SEPTEMBER 16TH, 1913.

SPEECHES FOR PROSECUTION AND DEFENCE.

SUDAMENT TO BE DELIVERED 30-DAY.

C

Mr. Goldring-There are no provisions to that effect, of course.

view.

OPIUM OROPS IN CHINA,

3

FOREIGN TELEGRAPH RATES TO JAPAN.

would over have consented or agreed to

A CIREAT HARVEST IN YUNNAN. anything of the kind. Dealing with the

The Crown Solicitor said that quite

NEW JAPANESE CABLE TO SHANGHAI, evidence for the defence, Mr. Goldring apart from the question as to whether it

A correspondent of the N-U. Daily said his Worship had seen Mr. Duncan was known that they were illicit goods or

Mr. Motoda, Minister of Communica- not, he submitted that he was equally in the box, and although he was subjected liable under that Ordinance, which he Yews writes from Chastung as follows:-

drastic-but A great harvest of opium was finally tions, who passed Chaka on the Ist instans to a very hard and rigid cross-examina admitted was goinewhat tion he was not shaken at all. He gave a necessarily so in this Colony-and he had gathered in many districts of Kusichew on his way from a tour in Kyushu to

In some cases the poppy perfectly straightforward statement of authorities which clearly supported that and Yunnan,

Ms. Hodgson then referred his grew to six feet high, and the gatherers Tokyo, is quoted by the Mainichi as The hearing was resumed yesterday his movements during the period con- Worship to Craics on Statute Law and of the juice were quite hidden from the follows on the reduction of telegraph afternoon before Mr. Orme at the Magiscerned in the case. There was not a single said similar cases of this character were sight of passers-by. Spasmodic attempts charges:-"I am surprised to see that

in which George

of Peral Statutes." The Statute in the of the officials, but in many cases a pay- reduction in foreign telegraph charges, tracy of the

a Penal Statute. Mr.ment of money secured immunity. Some which cane into force on the 1st instant. which did not agree-it was absolutely Colony was Leopold Duncan, of Messrs. MacEwen, point in the evidence for the defence dealt with under the heading The Effect were made to root up the crops by agents the public takes us to see that Fricket & Co., stands charged with being in unlawful possession of 188lbs. of consistent throughout. He put it to his Hodgson also quoted authority on the of the officials are reported to have made The Great Northers and the master Worship that it was not only credible-it question of mens ren, and referred his great sums of money by their opium- Telegraph companies had been mono- services in the Far East, and had been Worship to a recent judgment by Mr. F. destroying campaign. Unless morphine and 510 ounces of coccine an

was eminently reasonable. He had called A. Haslund, the First Magistrate, in great change in the polier ofere is a polising the greater part of the telegraph these rulers of the people, another crop maintaining very high rates, but nothing the 23rd August..

Mr. P. M. Hodgson (Crown Solicitor) the manager of the Hamburg-Amerika a ease of possession of cocaine, in which a

Chinese was charged with being in posses of opium will be sown this year. Large could be done to compel such powerful sion of 1,000 ounces of cocaine. He pleaded numbers of bayers cante up from the companies to reduce their charges. Last the contract for the Nagasaki- prosecuted, and Mr. P. W. Goldring | Line, who said that the cases were 'con-

signed to the Po Hang Company, of Cannot guilty, and Mr. Hazeland found that neighbouring province of Szechuan and year

Japanese Government entered upon Mr. Goldring, in his address for the ton, and that a man called Leung Kum these goods were in defendant's posses carried with them on their return great Shanghai. service expired, on which the

sion, although he had no knowledge at quantities of the drug.

negotiations for a reduction of the rates, reduced all that the boxes contained cocaine.

and succeeded in obtaining a defence, said the defendant was a partner Tong signed for them. That evidence was

Mr. Goldring pointed out that his Another correspondent writing · fron

scale, besides an acknowledgement of its in a firm of 70 years' standing, and that absolutely incontrovertible, and there firm had held licences for all sorts and could not be, he sabunitted, the slightest Worship was not bound by a decision of Tsingchenhsien, Kweichow province, tells right to lay submarine cables between

a similar story. He says:-Opium traffic another Magistrate,

The Crown Solicitor said he admitted is under less restrictions in these these two places without paying the Great Northern Company any compensation. descriptions of goods, and, up to the doubt in the mind of his Worship that

This will save the Japanese Government very considerable business is still profit- present date, there had never been any suggestion or any charge against them of this Company had these cases consigned that, but it was a case which would assist small cities than it is in Kneiyang.

and the amount saved to the general making hay in consequence

The any kind whatever. In fact he thought to them through Leung Kum Tong-his Worship. The question of mens ren

conviction was concerned, but it did affect have been he might say they had an unblemished possibly through the Canton compradore, did not affect the matter as far as the ably carried on. Some district headmon about 400,000 yen in telegraph charges, He pointed that out to his Leung Kun Tong was unfortunately the question of penalty. In this case, of the orders to root up the opiam. One public will be about 2,000,000 ven

The district who was involved ia & lawsuit Nagasaki and Shanghai will cost the record. Worship because he wanted to emphasise gone. He was one of the witnesses he (Mr. in view of the drastic nature of the wealthy landowner and headman in this laying of a submarine cable between work requires immediate attention, and of 000. His Worship was not bound by in bribes, etc., has this year recouped

will be taken in hand before the opening how extremely unlikely it was that Mr. Goldring) had hoped to call, together with Ordinance. Mr. Hazeland inflicted a fine last year, when he spent some. Ths. 2,000 Government about 1,400,000 yer.. long another man, who had also disappeared, that case, of course, but it was a very himself by receiving large presents of Duncan would jeopardise their

and he might say that this had consider interesting judgment, and he would ask opium, fully equal in value to the Tls of the Diet. It is expected that it will If the Diet opposes this scheme, Mr. 3000 lost last year, from farmers whose he completed in a year and a half." ably tied his hands in this case.

Chronicle. opium was allowed to be harvested, he "porting to the authorities that it had Motoda says he will resign office.-Japon.

defender.

or was not the victim of certain Chier connected with his Canton compradors, and whether his Worship believed the

evidence

of the office

Кроп WAS

the

The

defendant

The his Worship to read it. record by any illicit dealing. The ques

Dealing with the facts of the case, the tion rats was really whether his Worship believed that Mr.. Duncan wasrxt witness he called was the Hongkong Solicitor said he was thee, the compradore, and he thought his Worship behalf of the Crown, and it was certainly would be satisfied that he know absolutely no part of his duty to press for a con- in any case. But he felt that in this ense nothing about the matter. The Cantonviction against a man unfairly or unduly "boy," who compradore was bext called, and he

viction of the defendant. onus suffered from a most aufertanate impedi- he must ask on the facts for the con- ment in his speech, and there was. no question about the fact that he was very He wanted his Worship to take these things into consideration, Whether Worship not that he was in complicity with Leung Kom Tong had nothing whatever to do with Mr. Duncan. Personally, he would very ask his Worship to find that he was not no in collusion. He might have suspected,

the

was

the

very nervous,

WAS

his

thought

#L

his

bad

OPIUM IN KUEICHOW,

been rooted up!

A

TRIPLE TRAGEDY IN SHANGHAI,

Mr. W. R. Strickland held a Coroner's

inquest at Shanghai last week on the bodies of three Indian victims of a triple shooting, tragedy with occurred on Satur- day night and in the early hours of Sunday morning in an alleyway ruaning

The between North Szechuen lload Extension and Woosung Road Extension. deceased were Maila Singh and Fattu, watchroen, and Varian Singh, akh The Coroner found police constable in the employ of the Municipal Council. that the latter shot the two first named,

and afterwards committed suicide.

CONSULAR ADVICE TO HOME MERCHANTS.

clear that the $6,000 marriage dowry was practically admitted himself guilty of રા grows breach of duty towards bis a first charge on the rests, of the property concerned. The daughter was, his Lord- employers, and who admitted that in fact

to satisfy his Worship that he was in he was a very bad boy indeed. Of all!

possession of this stuff innocently. The story the defence put forward was, he ship understand, only twelve years of age, the witnesses, it seemed to him (Mr.

considered, one of the must remarkable in that heard over that he Goldring) that witness, with the excop. and the questions raised were whether the sum should be invested by the tion, of course, of Mr. Duncan and the

Court. It was remarkable because of its executors, and to whom was the interest witnesses for the Crown,

the best.

simplicity, it was remarkable for the concidences, and it was also remarkable payable untis the marriage of the giri. He was subjected to a very rigid cross;

because the persons whom the defendant in a He agreed with the view submitted by examination, and he was

would hold liable for this stuff were prac in this tically strangers. Their acts Corrusel on both sides, that until marriawkward position, but there was age, the interest formed part of the hesitation whatever in his evidence. but he did not know. He submitted that matter were very peculiar. They came to the office of Messrs. MacEwen, Frickel property on which it was specifically Reviewing the evidence, Mr. Goldring on all the evidence his Worship cald, not & Company with these cases a largo

proved Crown had charged. The annual sum of $1,050 for said

possibly find that Mr. Duncan know any number of cases, not one or two--and they saw the Canton compradore, not the They put the worshipping purposes at the shrine in

Hongkong compradore. presence on the premises of Messrs. Mac thing about it; secondly, that

They knew nobody the country house, workmen's expenses, Ewen. Friekel & Company of a number Worship could not find that what was cases in the office.

The Board of Trade Joarnal, quoting and donations to charitable institutions of cases, alleged to contain sardines, done done by any person in the else in that office knew anything about MacEwen, Frickel them except the Canton compradore, and Tree schools, was clearly a first charge hat which on investigation were found employ of Messrs.

at Canton (Mr. D. B. Walker) on the the assistance of the office boy, and on the property concerned. The bequest

to contain morphine and cocaine. If the & Company, in the course of their em according to their own story. They then from a report by the British Pro-Consul carried out for two days-almost trade of that district in 1912, which will was fourfold, (a), the shrine; (b), work- case which he adduced for the defence ployment; and, thirdly, he would ask th

dealings in this pernicious drug, shortly be issued, says: "Speaking men's expenses in connection with it; (satisfied his Worship that Mr. Duncan Magistrate to take the evidence for the

with. They even considered the matter trade into China are good, although charitable institutions; td), free schools. knew absolutely nothing about these defence and to find that in this particular they knew they must not be caught generally, the prospects for the import United Kingdom merchants The two former bequests being invalid, cases, and that it was all done behind his case Mr. Duncan had been the victim of so important that they bribed the office there will be no sudden and phenomenal

It seemed to him that boy with $250, which was an enormous increase. and the two latter valid, he had been back, then, he would, he hoped, satisfy these 'Chinese.

thut the askel to direct

executors in that the defendant was

not liable Leung Kum: Tong was the person who sum for an office boy earning $12 or $15 should bear in mind that, commercially. should apply half of the annual sum of under the Ordinance.

The prosecution should have stood in the place of Mr.& month. There was a certain amount of the revolution has so far affected only the packing in the strong-room; they looked treaty ports, where the Chinese popula $1,030 to the charitable institutions and aid stress on the finding of so many Duncan. On the evidence before him, his up the strong-room, and returned the key tions are in close touch with Western free schools, and apply the moiety as a photographic plates, similar to thase Worship must find that these cases were to the office boy. There was no evidence methods and ideas, and much remains to the call of European civilization. Direct before they bribed him. part 01 the specifically bequeathed

His Worship pointed out that Leung dealing with Chinese firms-a practice which would seem to be on the increase--- property under the terms of the will. He found on the top of the causes, on Mr.delivered after office hours. He wished that they had ever seen the office boy be done before the interior responds to

Duncan's desk. There was more than one to lay considerable stress on that point.

Kum-Tong had seen him once before. Mr. Goldring then dealt with the law thought it was impracticable in this case

The Crown Solicitor agreed, but said is strongly to be discouraged." to fix the proportions, and, regarding the explanation of that. The first and most bequest as fourfold, the two former nciou natural explanation was that he was at in its relation to the case, quoting from that Leung had only seen him in the "Agency," in regard to office, and did not know that he was a Boustead on the liability of masters for the acts of man he could trust. their servants and agents, and Lord Halsbury, Vol. 1. and XX., to the effect that except in cases of nuisance and in cases where liability was attached by Statute to the master, the master was not criminally liable for the acts of his Mr. Goldring said

invalid and the two latter valid, the one half of the fund attributable to the sarine and workmen's expenses, which was void, should form part of the property on which it was charged, and which was equally divisable among the five benel- ciaries. The remaining one half, being in respect of charitable institutions and free schools, which were good gifts,

home last year and purchased a big con- signment of these things because he was

Mr.

enthusiastic photographer. Duncan had said in cross-examination that he did not use so many plates in the ANTHRICT as he did in the winter, and therefore, he submitted, it would not be at

ail extraordinary for a large quantity of these plates to be put near Mr. Dancan's

servants or agents.

should be applied by the executore in the private desk. Then came the explanatioB} there were a number of cases which he

CHOLERA ON THE O.S.K. CANADA MARU."

CURIOUS STORY FROM NAGASAKI.

The O.S.K. str. Canada Maru, which

INTIMATIONS

HEADS QUITE BALD WITH RINGWORM

Spread Until Eldest Boy's Head Was Covered with Ugly Patches. Then Younger Bay Had It. Used Cuti- cura Soap and Ointment. Today Have Splendid Heads of Hair.

Queen St., Clogham, Dorset, Eng.- **Last summer my eldest boy caught ring- worm at school and I treated as the

head mistress ad- vised, but it quieldy spread anill his head was quite CDV- ered with ugly. Įkatches.

*Then I

I found

to my horror that

the younger boy had is also. They were away from school meny months and suf- fered a great deal and were very rustless at night owing to the 1tching. Their heads were now quito bald and their scalpu thick mass of scurt,

"I then sent for a sample of Cuticura Soap and Ointment and after uslug ty for two days the surf began to soften, and after dally washing and using Cuticura Ointment now hair began to appear and to-day they both have splendid beads of unir. I inte

I intend

uslug Cuticura Ointment as

a dressing, as I feel so it will prover

prevent return of tals most dreaded disease.

(Signed) Mrs. A. Waiters, May 3, 1012.

Curleum Soap and Ointment sold through out the world. A sample of cach with 32-1. book free from nearest depot: F. Newbery & Sons, 27, Charterhouse Sq, London; R. Towns & Co... Sydney, N. 8. W.; Lennos, Ltd., Cape Town: Potter Drug & Chem. Corp., Boston, U. 8. A.-

Mr. Hodgson recapitulated at length the movements of the nien as alleged in the story for the defence, and said that if the men wanted to take the key of the strong-room away they would have taken it away on the Thursday night, instead leave it to the mercy of the office boy, lung and Shanghai, brought three persons who were suffering from cholera, but the of the Friday. If they attached any in- arrived at Nagasaki on Friday afternoon portance to their surf they would not (August 28th) from Hongkong, á Kee- His submission was that there never was a second key and that the compradore had fact was not known until after the vessel the only key. The Canton compradore had sailed for Kobe, the following morn- as to how the plates found their way into

religiously had carefully and

give an extraordinary story of how he ing. On arrival, says the Nagasaki Press, 1+ exercise of their disgretion for such pur-the packing cases.

-4620% not in

through, and it geented to him that there allowed some friends of his to put these the usual inspection by the officials of the His Lordship added that there

evidence, and so he could not put it any

was only one which could possibly be goods in the offer of Messrs. MacEwen, Megami Quarantine Station took place. swas no residuary bequest in the will, and higher than this: That it was extremely used as an authority in the present case. Frickel, & Company without mentioning A first-class passenger, who is a sister of these anal gifts being a first charge off probable that when the coolies were look-namely, the case of the Attorney-General the fact to either Mr. Duncan, or the the late Dr. Sasamori, had been unwell |

Hongkong compradore, or anybody else

the latter, however, ship's doctor; the property specifically bequeathed, in

fit in on the top of ing for something

r. Sidden, reported in Law Journal, IX. except the office buy One would have the voyage and was treated by the bis opinion the persons entitled to the the cases, there being no straw or any The Lord Chief Baron held in that thought that at least he would have told regarded the illness as resulting from a property charged with the gifts took such thing of that sort in the strong-room,

case that whatever a servant did in the Hongkong compradore or someone in

authority in the office that he had certain trivial cherangement of the digestive MAPPIN&WEBB, property freed from so much of the gifts they took the first thing they could find. the hours of his employ must be taken to as the office which he wished to urgans, and she ship was declared free of as were wid. Clause 6 of the will was, He contended that these people were be the acts of a master, but he went on to send to Canton in a few days. It was disease, entered the port, and left for

poses.

commor.

entate.

A

TOMBSTONE" GOLF COMPETITITION.

go

to

***Funder-faced men should shave with Cuticura Boap Bhaving Stick. Sample free. [96-16

LIMITED.

NEW CONSIGNMENTS

PRINCE'S

PLATE

The

(GUARANTEED FOR 30 YEARS).

The lady landed and visited her have he thought, devoid of ambiguity, and ho

say that the revenue laws would not be true he went to Canton that night, Kebe according to schedule. acting entirely behind Mr. Duncan's

but he

arranged might

to somebody in relatives at Higashi-yama, and on Satur. agreed that it was a gift for life to the back, and were quite possibly actuated by sufficient, and would not held the master report the matter five parties in

with shares, oqua!

On the liable for every act

Baron Bailey said authority in the office. The office boy day morning consulted a doctor, who remainder to their descendants abso-personal malice against him. lutely, and in equal shares as tenants in question of the keys, he asked his Worship that if it was within the scope of his also gave a remarkable story of how he suspected cholera and reported to the

The funeral expenses were

the strong-room, and then went away and that she was taken to the isolation hospital specifically charged on the rents of the to take the office boy's explanation, probable authority the master was liable, let these men into the office and then into authorities accordingly, with the result twelve Chinese houses. The other debts namely, that he had his four keys on his but the probable authority must be con-took no more notice. That was so like at Takenekubo and the house was ordered

Two members of the crow of the Canada STERLING SILVER WARE. should be paid out of the personalty ring on the Thursday night, and that on sidered to be given by the master to the a Chinaman! He was paid $50 and pruto be isolated and disinfected.

mised another $200 to let these men into which was undisposed of in the will. The

the strong-room, and then went away as an landed on Friday evening and costs of all parties as between solicitor the Friday night Leung Kun Tong and servant for the carrying on of the busi

That was to say, if not interested in the matter at all! consulted a doctor, who thought they were а disease resembling and client, including the costs of the his associates, in their hurry, took the ness of the former. inquiries ordered, should come out of the keys away with them and forgot to give said Mr. Goldring, that in this present Another peculiar thing was in regard to suffering from

then back. There was a certain amount case, his Worship had to say, if he con- the morphine tins. There were eight cases cholera. One, an engineer, immediately of discrepancy in the evidence of the victed, that the office boy, or Leung, as in the passage, five containing 4lbs, one went to the Prefectural Hospital at prosecution as to what happened on the the case inight he had the authority of 7lbs., and two other cases were half Urakami for treatment and was trans-

empty, and had been opened in the pass ferred to the isolation hospital. Saturday morning, and he thought it Mr. Dunean to repack and store cocaine age. They formed part of this cousign other, an apprentice, left the doctor's Our contributor "Roderick Random" had something to say yesterday about the showed that Mr. Wilden's recollection of on the premises. He thought that unlessment. It meant that these cases had been house and was believed to have returned sentimental affection of the "Old Salts "

what took place was not exactly clear.his Worship beld that they were acting dealt with in the passage, and obviously to the ship and gone on to Kobe in her. not in the strong-room. The morphine On Saturday, after the ship had sailed, in the early days of foreign trade in Dealing with Mr. Duncan's statement to within the scope of their employment he is were found in the strong-room. There the local authorities telegraphed to Kobe China for tombstone doggerel. Wo dwell

account for this. on Sunday evening she was detained at in a more flippant age, as witness the the effect that in the meantime he would could not find Mr. Duncan guilty of this should have been 68, but there were 96. and when the Canada Maru arrived there following report of a golf competition at have to accept responsibility, he sub- offence. He therefore asked his Worship He could not

Several witnesses said there must have the quarantine station. It was then found Rokkosan, Kobe, which we take from the mitted that that could not be taken to be to discharge the defendant.

been third shipment, but it was certain that the apprentice had, not retained to He would also Japan Chronicle :=

a plea or confession.

The Crown Solicitor, in reply, said they did not come under the shipment the ship Inquiries were made, and it A, competition was held over the 18 boles in the morning,

"Tombstone" point out to his Worship that from 7 till that before he dealt with the facts of the under the two bills of lading produced was found that he spent Friday night in conditions, under handicap, for a prize 9 o'clock were the hours chosen for this case, he would meet his friend's points of in Court. There had been some stress laid Nagasaki and carly the next morning left Both the lady and the engineer have Mr. law. The question of "master" did not on the fact that these things were brought for his home in Saga, presented, and resulted in a somewhat

into the office and repacked between the casy win for Mr. J. P. Arthur, who died packing-the very hours when

come into this case at all. They were hours of seven and nine. He saw nothing been found to be suffering from genuine few yards from Duncan was not there, and it seemed to repenting his errors the last green. The favourite dying him to be perfectly consistent with the not trying there in that Court an offence curious about that, and he thought that cholera, but fortunately they are making The incident has naturally given the place" seemed to be the vicinity of the whole of the story for the defence, namely, of a servant bringing cases illegally into it was most natural and most probable good progress towards recovery.

that these cases should be dealt with in 16th and 17th greens, though one competi

a put-up matter by the an office. What they were trying was an

the dark. The photographic plates pro-local authorities considerable trouble, as Lor pegged out" as early as the 14th. that this was epitaph to be judged by a committer of can'a slice. The next point in the evidence of being in possession of certain goods, case. He defied Mr. Duncan to deal with steamer while she was in part have had A prize was also presented for the best! Canton Chinese to make use of Mr. Dun-offence under the Statutes of this Colonyvided anothor curious element in the all the persons who had to do with the ladies, whose award went to Mr. P. A. for the prosecution which told in the having in your custody, possession, or all those plates which he had in the office to be traced and disinfection measures! Cox with the following:-

"Four score less two was the extent of favour of the defence was the far

1

31

his spas, He's an angel new-one up on man."

Mr. Biron was adjudged serood with

"Here lies the hat of poor Tommy Bro He'd have won the match if bo had used

his iron. (Oh! the [8] irony of it)."

there was absolutely no attempt on the part of Mr. Duscan to delay or obst the search on the Saturday morning. Was it conceivable that after a case of cocaine had previously been traced to Mr. Duncan's office that Mr. Duncan

power

Several houses have been isolated.

It is expected that the officials of the quarantine station and the captain of the steamer will be subject to offcial inquiry

affair. to determine their responsibility for the

certain goods."

The moment himself under a very long term of years. carried out. In conclusion, Mr. Hodgson described the those cases entered the office of Messrs. story of the defence as a most extraordin- MacEwen, Frickel & Company the offence ary and a most improbable one.

His Worship said he would like to con- was committed, and the servant, or

in the case, whoever the person involved might have sidor the points of law and also the facts been, ceased to be liable in any shape or:

The case was remanded till today at form under the Statute.

11 o'clock.

The departure of the Canada Maru was postponed from the 2nd to the sth.

CUTLERY.

From the

SOLE AGENTS:

CHS. J. GAUPP

& CO.,

ALEXANDRA BUILDINGS.

CRATER ROAD.