1913-12-05 — Page 3

SUPREME COURT.

Thursday, December ath.

IN ORIGINAL JURISDICTION.

واسته 1

BEFORE HIS HONOUR THE CHIEF JUSTICE

... (Sm WM. REES DAVIES K.C.).

THE CASE OF VICENTE BOTTO, WW

The case was resumed in which Vicente Botto claims 2500 from Thomas Carey, Welch, Assistant Executive Secretary of the Philippine Islands, and John B.

of America, in Hongkong, for alleged improper imprisonment.

THE HONGKONG DAILY PRESS. FRIDAY, DECEMBER 5тn, 1913

Act from which the section was taken did not apply to Hongkong, and if the Act was not in force then, the provisions did not-apply in that case. The principle his Lordship had to apply to that case was this whether on old statute is applicable to a new Colony. His Lordship had to consider the original reasons for passing the statute, and the special abuses, if any, it was intended to ruect. Upon that ground his Lordship had to consider the question of the applicability of an old statute, like the one quoted, to new Colony

SERIOUS CHARGE AGAINST A SHIP'S STEWARD,

JR. Wood, Chiness who was At the Magistracy yesterday before

formerly chief steward on the Leongsang was charged with being in possession of 4,000 tacls of opium, to the value of $25,000, on board the Loonging, the same

being on the ship's manifest. Mr. E. 0. Hutchison (Superintendent of Imports and Exports) prosecuted, and Mr. C. Willson (of Messrs. Stephens & Willson) defended............

CANTON NOTES,

[FROM OUR OWN CORRESPONDENT.]

CANTON, December 2nd.

FIREARMS IN A PAGODAĻ

THE MAGISTRACE.

A woman who was charged with en positing rubbish in the street, in reply tom

question asking for her name, said she had forgotten it. She did not know what namo she gave at the Police Station. (Laughter). She was fined $2.

Eleven mafeos were nicely caught by Sergt. Eitt in a loft at Kennedy's Stables whils intent on a game of chance. One of the men, in an endeavour to avoid arrest, jumped from the loft into the stall, and received injuries to his head and faco which necessitated his removal to hospital, The other gamblers were each fined $3.

Of late grito a number of illicit Auarters have been established by rebela in Canton, but owing to the activity of the detectives it is said there is Low scarcely any place where they can feel themselves safe in holding secret meetings Nevertheless their efforts do not appear to have ceased. A detective having had Speaking on behalf of Mr. Welch, Mr. Revenue. Officer Wilden first gave information that the Luk Yung monastery Potter said he would avoid going over evidence of arrest. Ho apprehen led the

was used by sonte rebels as a place for the ground covered by Mr. Sharp as far Continuing his defence, Mr. Sharp, at as posible. His first point was that defendant at 7 at on the 25th Novi storing arms, raided the place a few days the outset, asked his Lordship's considera-siing that the Wabens Corpus Ac. did ber, in his bedroom at No. 8. Lan Kwai ago. Over 10 Mauser pistols and $40,000

apply to that Colony, and assuming also Fong,

in Hongkong bank notes were found on tion of the Canadian case of Harkhu, and that it applied to extradition cases, be John MeAinish, Chief Officer of the the top of the Pagoda. None of the rebels read portions of the judgment.

would subruit that it would not refer to In reply to his Lordship Mr. Sharp said that particular case, His submission had Loonging, deposed that he last saw thed to have been hanging about the from a man in a house at West Point.- he took the point that Habeas Corpus didii. The Habeas Corpur Act only applied ult, on board the ship. The ship left at nonastery could be found; and the monks, Mr. C. Farebrother Mason defended the

Ruthority for, and not authority against, defendant on the morning of the 22nd not apply in extradition, although he was

being afraid of any possible trouble, all woman, and applied for hail. This way not putting any emphasis on that.

epposed by the police, it being stated that His Lordship You also take the point

the woman was caught in the act of that the Act does not apply to their dealt with

·Colony t

Treaty of 1812, The person tried was discharged by order of the Executive, on the ground of insufficiency of evidence, and the judgment went to show that he could be again arrested for the same

in the case of a person released on bail being re-arrested while he was on bail, in There was respect of the same charge. another case to which the Act referred felon, who was not bailable, being let out of custody if he was not Mr. Sharp-Certainly, but your Lord brought to trial at the then proceeding assizes. The whole Act was passed for ship will understand that we are not effecting the release of people who were emphasising that point particularly. He in custody on bailable offences, and went on to state that the Full Court did preventing the re-arrest of the saine not say there was no evidence in the case person, while he has been allowed out on hail, on the same charge. There was no against Sotto, but that the papers were obt but what that was the object of the But certified, and that they therefore Act. It did not in any way detract from could not go on. Yet the matter, he the safeguarding of the liberty of the residents in a British Colony. They had contended, could be re-agitated on the their remedy in the Common Law writ of same evidence. The fact that the papers the Habus forpas Act. The people were not authenticated did not decide the covered by section 6, to which Mr. Slade whole question, and was not a bar toby recognisance to appear at a Court, or had referred; were those who were bound further proceedings. Counsel also re- people having the jurisdiction of any ferred to an American extradition case Court. They had found no case to cover which was decided by the Ashburton the case of any man being re-arrested once he had been let out on linbeis. Corphs. they let a man out on buil, and got him back again for the same offence, they were acting in a proper manner. That should not be brought back hy anyone was reiterating committment, but he

except the Court having jurisdiction over an unlawful manner by re-arresting him and taking hint back for the same offence, and in a lawful manner by the Court having jurisdiction over him, who could | say, You must come back and stay in Section & alluded to the very cases which gaol until the time of your trint arrives. were covered by the Act, because the Act itself did not purport, on the face of it, to deal with every possible case. There cover every possible case, but there was was to reason at all why section 8 ghould

every reason why it should he cut down, as it was cut down, to cover the actual cases dealt with by section 3. Mr. Potter subraitted that there was to authority which supported Mr. Slade's contention that by virtue of section 6 of the Habeas Corpus Act he could claim £500 They could carry such an argu ment to an absurdity, If they took it literally then every person white was re-arrested was entitled to £500. "We are the air all the time, added Mr. Porter, we are dealing with a dictum which no Court has accepted. Counsel for plaintiff was trying to suppose a possible too. Later he remarked, The main plank of the plaintiff's ease rests Melhuish, which has never been accepted

4 pm. for Manila, but defendant did not make the journey, and witness did not see him after eight o'clock on the morning of the day of sailing. Defen dant was not present for the medical examination of the passengers and cle Revenue

Officer Wilden - and other officers came on board that morning, at about 10 'clock, and witness assisted them to search the ship. The door of the wine and spirit store was lacked, and witness asked repeatedly for the chief steward, who kept the key, as it was his OWB private store, but he was informed that the steward had not returned from shore. As the defendant did not turn up, and as they were unable to obtain

bolted.

ARIESTS AT THEATRES Precautionary measures are still being

taken by the authorities. The police have instructions to thoroughly inspect and starch all dwelling houses in and outside the city, and the detectives have been directed to particularly keep an eye on all suspicious figures at hotels, boarding housey' and theatres. Af one o'clock yesterday morning, a detective who was followed by a number of soldiers, arrested At the Hei Chi theotre three persons who are reported to be rebels. At the same

time two-mon, who are said to be notorious pirate chiefs were also arrested

A woman named Chan Ut Ho was charged with the larceny of a gold pen." dant, set with pearls, and valued at $250,

Pawring the pendant, Bail was refused, and the case remanded.

wizened

An old Chinese, with face, dolefully stated. in reply to a charge of returning from banishment, that, he was walking along the street

INTIMATIONS

◄AS GOODS

OUR CONFIDENCE JUSTIFIED, We undertako to fund the Cost of any Article if any of our Customers are not satisfied,

sist we know how excelent our Goods are.

Such an offer could not be made if there was the slightest doubt about ear Goods. All we usk is your inspection.

when the police recognised him very luckily, and he was caught. (Laughter) Mr. Wood sontuneed him to twelve months' hard labour, and ordered him to be H. expoerd in the stocks for four hours.

a key to open the door, witness barst the at the Kwong Mo Toi theatre. It may Colder Path, Kennedy Road, was charged

door open. Inside the store were found four large cases, containing epian. There were two locks on the door, one being the steward's private lock, and the other the ship's look, which was rarely

not turned, and the door was held by used to his knowledge. This lock was the private lock the

Had the cases been

be added that it was only the night before that a similar arrest was made at the latter place,

Before MJ, R.. Wood, a houseboy employed by Mr. Basil Croucher at No. 2,

with Mealing $82, the property of his employer. According to the evidence, the complainant had lost several stums, of money, and on the evening of the 2nd

RUTTONJEE

& SON,

WINE AND PROVISION MERCHANTS,

+91

inst., he took the numbers of five Hong MAPPIN & WEBB,

them away. He also marked subsidiary kong and Shanghai banknotes and put

offence, and compoiled to submit to him. A person could be brought back in brought on board openly, they would negotiating with the leading Chinese coins to the value of about $. On the

accond examination,

His Lordship-That is your caso here ?" Mr. Sharp-Yes, but not on the grounds that the evidence was insufficient, but that the evidence was improperly admitted; the Full Court said that the Magistrate should not have admitted certain evidence because it was not properly authenticated, We say that was no bar, and that is "conceded law. In all these cases extradition proceedings are taken on the same evidence, if a man is re-arrested, in the same way as they would be taken if he was criminally charged. Formal and technical defects in the presentation of the cuse constituted nu bar. He went on to remark that Sotte wae discharged un the ground of informality in the Proceedings, but that that did not decide the real question. Whether Sotto was committed for the offence of abduction or do the Full Court had not inquired They said: You have put papers before na which we cannot open." The merits of the case were, "Has Sotto been con- victed of an extraditable offence in the Philippines and that question had not bren decided by the Full Court.

In reply to his Lordship, Mr. Sharp

merchants

CANTON, December 3rd. A LOAN REQUIRED. Ks Chet, has been busy in Hongkong The Commissioner of Finance, Mr. Im

have had to pass through witness hands. plated loan of $10,000,000 for the purpose

in connection with the contem as he would have to sign for them, Ho did not see these cases brought, nor did of maintaining the value of the paper he sign any permit for them,

eniency. Witness

In a telegram to the Civil would know whatever was on the ship's of 84,000,000 be borrowed from the Hong Administrator, he suggests that the sum manifest, and there was no opium on the kong merchants at 6 per cent. per manifest for that trip. The defendant. This accomplished, he will pro-belenging to the boy 15 on his person,

was his private property- was in charge of the store, and all inside

cred to Macao, to raise nother $2,000,000

LIMITED..

NEW CONSIGNMENTS

that one $5 note was gone and also the following morning the complainant found coins. He telephoned to the police, and

and found $40 in notes in a carpet bag STERLING SILVER WARE. The Sergeant searched the boy's quarters, Sergt. Clark arrived soon afterwards.:|,

and $5.20 in subsidiary coin lying exposed at the same rate of interest. The remain on the table. Among the notes was a num- interest will be raised in Canton. The vious night. A lot of other property was ing $4,000,000 are to bear the same bed one which had been taken the pre-

standard currency of the loan will be also found in the defendant's room. The subsidiary coinage and the loan itself defendant admitted sterling one $10 and will be repaid in four half-yearly instal-chree $5 notes only, and said the rest was ments.

bis own property. He was sentenced to three months hard labour, and four hours, stocks.

THE BOARD'S REPLY.

wities said there were altogether 13 In cross-examination by Mr. Willson, stewards on the ship, including cooks and everybody. The defendant was very frequently ashore in Hongkong. He could go ashore practically when he liked, on the pretext that he had business to attend to If any of the officers wonted wink whilst the chief steward was nahore, their boys brought it. The boys would get it from one or the other in charge. They would not get it from the store, however, but from the pantry. The piaterials in the store composed a sort of surplus stock fle could not say if the defendant took by any Court yet. It is difficult to the private key ashore with him. It conceive a more shaky plank upon which would not happen, while the boat was to come into Court and claim £800, a dictum upon which no judicial approval in the Colony, that something would be could be found. On the contrary, it has required from the store while the steward been doubted by the late Lord Chief was away. There was no No. 2 steward Justice and the present Lord Chief on board the vessel, but the chief steward - said that he used the word convicted Justice. And if it has been put forward might appoint a man whom he could notes will be shipped to Canton on the not take food at the hotel. He had never

in reference to the offence in the Philip pine Islands

His Lordship And was the evidence before the Magistrate such as to justify

upon the dictum of Lord Justice

in Court it has always heen treated with trust to carry out his work while he was grave doubt.”. Dealing with his second dictum of Lord Justice Mellish was the private key of the store on the 22nd, point, Counsel said that assunting the ashore. Witness asked all the boys for sound law, no matter what the law was and searched for it, but could not obtain on that self-same charge.

It has already heen reported that the authorities have wired to the Central Government for a remittance of $10,000,000 in order to re-establish the Exchanging Barenu. A reply from the Board of Finance has reached the Adhni nistration Ofice stating that hopeful conclusiona have been reached with the American Minister in Peking for a loun," and that an order has been placed with a firm in Ameries to print a fresh issue of notes to the total face value of $80,000,000, in five denominations, for redeeming the bills at present in circulation. The new

1st of March, 1914.

SUPPRESSING THE SUFFRAGETTES, A telegram has been received from the Board of Education ordering the dissolu

have female suffrage as their object.

The hearing was resumed before Mr. FA. Hazeland of the case in which Mr. hotel, summoned two boys and a cook, F. Reichmann, proprietor of the Grand formerly in his employ, for leaving his service without notice. The defendants: brought a cross simmons, claiming a moith's wages due, and a month's wages in lien of notice. Mr. P. 8. Dixon appeared for the complainant, and Mr. C. “A, S

PRINCE'S PLA

(GUARANTEED FOR 30 YEARS).

CUTLERY.

From the

SOLE AGENTS :

& CO.,

Russ was for the defendants. The NCHS. J. GAUPP

x was cross examined by Mr. Dixon yesterday, and in answer to questions said that the sum of $3.50 was allowed him by the complainant for food, but he had not received any orders that he must

taken food there more than once in a month When Mr. Reichmann, taxed him with stealing food, he told him that he had taken rice, but denied mentioning snipe. defendants to take out summonses against He did not persuado the other

him in hokling that there had been a Sotto could: bo re-arrested and re-tried. When he asked the boys for the key tion of all organizations or bodies, that Mr. Reichmann, neither did he pay the!

conviction in the Philippines!

It was clear,

if that was so, that there was an end to

he could get no satisfaction from them.. that action, and if they were right in It was compulsory for the crew to be re-arresting him, and getting him re-tried, medically examined on sailing days. On

Mr. Sharp replied that that was exactly the point. Because the papers were not properly authenticated that only closed he could not recover £500. In the case the trip to Manila, in the absence of the

FLO

COMPANY MEETING.

HONGKONG AND SOUTH CHINA

STEAM FISHERIES, CO, LTD.

fees for their summonses. The second and third defendants also gave evidence. His Worship dismissed the charge of karing without notic, and awarded the defendants amanth's wages sach, wmarking that although he did not con- sider that the complainant had given

ALEXANDRA BUILDINGS.

CHATER ROAD

CALDBECK,

them astice, he made the order because to MACGREGOR&C.. thought the boys went owing to Mr. An extraordinary general meeting of Reichmann's threat to call in the police. this Company was held yesterday mar should not have made a remark like that He considered that Mr. Reichmann ing at No. 4. Queen's Building, for the openly. If he was going to send for the

resolution || police he should have sent secretly.

of the making of a preliminary investiga- the case for the time being. There was tion in this Colony, where a man was defendant, another chief steward was a particle, of evidence in the charged with an indictable offence, if the appointed by the Captain, With the authorities which had been quoted to tion, the person could be tried again, no

Magistrate was acting without jurisdic exception of two, they had now an now an show that a man charged, and then matter whether he got out of prison by entirely new "crowd" of stewards en released on the ground of wondriticated | Hobens Corpus or not. papers, if when the documents were ber of authorities, the hearing being Mr. Potter proceeded to quote a num revised, that he should go unpunished subsequently adjourned until this morn prosecution, and at the close Mr. Willson purpose of confirming

IN SUMMARY JURISDICTION,

BEFORE HIS HONOUR MR. H. H. J.

GOMPERTZ (PUISNE JUDGE)›

'A WEAVEN'S LOT.

board.

recently passed at an extraordinary meeting

Other evidence was called for tile

contended for the defence that his client had no knowledge that the opium was Mr. J. A. Plummer (Chairman) pre- stored in the store-room on the ship.

His Worship intimated his intention to sided, and there were also present: -Mr. conviet. and Mr. Hutchison then pressed J. W. C. Bonuar and Mr. Lo Shiu Hoi

imprisonment without

option. | (Consulting Committee), Messrs, J. declaring that in view of the value of the opium, the maximum fae ($2,00031 Rocha, J. M. Rozario, Yung Kwok Choi, Wa Teto Wan, Fung Sum Kum, Loi Tz to six months hard labour, without the Secretary (Mr. F. Bevington).

His Worship sentenced the defendant Fai, and Tam Keng You, with the option of a fine.

for

Ki (a partner therein),

Ho Kwan . The Hee Lee shop, Ho Suk would be absurd

The claim was for $17.09, being balance of wages due by the defendant to the plaintiff, along with costs of the action,

HONGKONG FOOTBALL CLUBTM (HUGBY SECTION.).

The Full Court bad not said that the ing. evidence, if corrected, would not be. satisfactory. And the papers were only refused because they were improperly pinned together, and there was the

On Tuesday evening the Club enter- possibility of sheets being either put in or taken out. That was the first ground

tained H.M.S. Minolgur, and an open,

for the discharge. The second was that

right and mest enjoyable game resulted in victory for the club by two goals, one the political position of the Philippine

try (13 points) to ni From the kick off Islands as regards the United States was

The Secretary having read the notice the naval meu pressed and locked as if not proved. That was to say the Full

DOCTOR'S EARLY CALL.: convening the meeting and the under they were to Eure, but a break away by Court said it was not placed in a position Goldring & Russ) appeared for plaintiff, Mr CA. 5. Russ (from Messrs.

mentioned resolution,

Claxton relieved matters for the Club in which it could decide whether the and explained that plaintiff was intro known London, doctor (says the World)."

There is a story current about a well- The CHAIRMAN eid-This meeting, 48 scored between the posts.

and keeping up the pressure, at length Claxton con- Governor-General of the Philippine duced by a third party-n weaver to the About three que morning be was rung up

you are aware, is entirely formal and is verted his own try.. Ding dong play was Islands or the Consul-General of Hong. defendant, and it was agreed that he by wealthy patient and begged to come called to confirm the special resolution the order for the remainder of the first kong was the proper person to make make at least eight singlets cach day for

should be paid by the piece. He was to over at once."

which you have just heard read, and half, there being a further scoring. In Turning out of bed ho rushed off, which was passed unanimously at the last the second half some fine passing between requisition. If the political relations of which he would be paid at the rate of expecting to find the man in extremis extraordinary meeting held on 18th the Club threes resulted in Claxton the Philippine Islands were of one 3 cents each. character, the proper person to make consummated, the parties agreed that it a dining-rom where a gay supper party to do is to ask you to confirm the resoluforwards took possession of the game, Before the contract was Imagine his surprise at being ushered into November. I have nothing to add to the again scoring, he, however, failing to con remarks I then made, and all I have now ·vert. From this point the Minotaur would be batter if plaintiff was hired by was assembled. The first remark made to requisition was the Governor-General. If the month, and accordingly he would be him was, "Oh Doctor, I am so glad you

tion If any shareholders have any using their feet to great nuivantage, and The Club, they were of another character, the proper paid $9 per month. He commenced work have come. We wanted you to rele apet person would he the Consul General of on 28th February, and on the 13th an to exactly where the diaphragm is." Horgkong, and the Full Court said they Defendant told plaintiff that if he wanted diaphragm was, but a good many other September the contract was determined. He not only told them where the could not decide that, Mr., Sharp con to stay on he would have to accept 88 things, in very plain English tended that the Full Court had no per month. Plaintiff refused, and there jurisdiction to go back upon the recogni- upon left bis employment. Up to then

16.81 had been paid to plaintiff. tion of the Governor as thes had done in Plaintiff stated in his evidence that if tilat ease. Counsel concluded by saying that not only did he contend that the section of law quoted by Mr. Slade did not apply to that case, but that the whole

The patient tried to mollify him by asking his fee. Still furiously angry, he named a staggering one, which, to his surprise, was paid on the spot. He is

he failed to make eight singlets in the still hardly mollified, and those of his day three cents was deducted from the patients who to consult him are told amount he earned!

it is not tactful to begin by saying, Can After hearing evidence, judgment was you tell me, doctor, where my diaphragm given for the defendant, with costs.

is qu

questions to ask I shall be pleased to tackling in grand style, Answer them to the best of my ability however, palled themaciyes together before putting the resolution to the again, and another good passing bout

The meeting.

amongst the halves and three-quarters There being no questions,

ended in a score by Kenipthorne, Rouse The CISATE BEAN proposed It is converting The club forwards showed resolved that the capital of the Company great improvement in getting the ball be reduced from $150,000 to 300,000 by away from the scrums, while the three- reducing the par value of the shares from quarters and halves did well with the $10 to 96 each.

opportunities that cane their way. Mr. J. W. C. BONNAR Esconded, and the The Club will hold a practice next motion was carried

Tuesday evening, and it is hoped that all The CHAIRMAN That is all the business.Rugger members will do their best to turn gentlemen.

thank you for your out. It is hoped to play the first Cup attendance.

game, versus the Navy, on 20th instant.

(ESTABLISHED 1864).

THE OLDEST FIRM OF WINE AND

SPIRIT MERCHANTS IN THE

BAST.

CHAMPAGNES,

SHERRIES,

MADEIRAS,

MARSALAS,

PORTS,

CLARETS,

BURGUNDIES,

HOCKS,

MOSELLES,

WHITE WINES.

30.