1913-12-18 — Page 3

SUPREME COURT.

Wednesday, December 17th.

IN SUMMARY JURISDICTION.

Beron His HONOUR MR. H. H. J. Gompenzz (Puianz Judok), “་་- TRIALS OF NEWSPAPER PRODUCTION. Looi Wai Kee, printer, (trading as Man, Shing), . C. H. Lee, editor of the China Imily Outlook. The claim is for $1,000,

THE KONGKONG DAILY PRESS, THURSDAY, DECEMBER 18TH, 1913.

Outlook commenced circulation in Janu- ary 1912. At the end of December, 2011, defendant approached plaintiff, through his foki - An Interview took place between the defondant's and plaintiff's fokis, and eventually a verbal arrange

THE EXTRADITION CASE.

BANOTHER ADJOURNMENT.

The hearing of the case in which the extradition of Chung Sau Nam to China is sought was resumed Loforo Mr. Jit was perfectly legitimate.

Indis, was evented at whereby, for a Wood at the. Magistracy-yesterday.

certain sum, plaintiff agreed to print the paper for the defendant. One of the terms was that payment should be at the end of every month, which was quite n First of all the paper was usual term.

of taking the point of no caso" was common in the Colony. He was not aware of it at the time, but in several cases recently that had been the proceedure followed. He was instructed that it was dong in the Sotto caso, and he understood Mr. Potter said his friend had ad pecu adopted adopted in the Courts of Law, and which he did not think he would find authority for. He had put in evidence during the ease, and he could not split up his evid.

Sir Francia My

Mr. Eldon Potter and Mr. F. C. Jenkin (instructed by the Assistant Crown Solicitor, Mr. P. M. Hodgson, and Mr. R. F. C. Master, of Messrs. Jhanson,

the extradition, and Sir Francis Piggott tend that at the end of the plaintiff's case,

Brattati find Mr. W. B.

plaintiff's witnessco, Mr. G. K. Hall, Brattati Gstruct put in throughout, have been that thereby the defendant is debarred Hind, of Messrs. Brutton & Fett) were from raising the question of no case.

be a definite Ending by an English judi- cial officer that at a certain period: the Provined of Kwangtung was an indeperd. out Republic. He laboured this point because it seemed to him that there would the enge was of the very first magnitude. be far-reaching consequences, and that

being the amount due for goods applied, printed for three months and then the Stokes & Mastor), appeared in support of chce or close his cried does not coupon which his friend partly relied to

and work done by the plaintiff for the

defendant, full accounts of which have been duly supplied. The amount of claim, abandoned in order to bring the action within the jurisdiction of the Court was $63,50.

agreement was continued. Payment was

was

regularly made until the beginning of this year, when, for some reason which he would prove to His Honour, payinent fell into arrears. Instead of paying on the first of the succeeding month pay- inent took place between the 9th and the There was a counterclaim by the defen- 15th. The account

rendered dant amounting to $2,079, based on the regularly, and his client ninde serious grounds that plaintiff wrongfully refused complaint that unless payment was made ant neglected to print the said poper, | regularly he could not continue printing and that owing to such refusal and the paper. On the 18th June, 1918, neglect, the defendant has suffered correspondence was commenced hetween damages to the extent of $2,079, but the parties. As the result of a conversa abandons his claim to 31,079, Particulars tion, during which plaintiff said he would of damages were-salaries payable to the discontine printing unless payment was staff, 859; office rent 850; loss of revenue made, defendant wrote stating that if from subscribers and advertisers $1,000; that sort of thing was continued he would Renter telegraphio fess $30; cartoons proceed to make other arrangements, and and contributions $200.

that he would sue plaintiff and hold him responsible for damages.---Other corros ponilence followed on the question of payment and the printing stopped. Mr. Harris then read a quotation from one This was the concluding issues. faced at the head of a leading article and read

Mr. Reader Harris appeared for Mr. Lee and Mr. Norington represented the printers,

M. Norington said that he was under Some difficulty in that case. He under Stord his Honour ordered that the defendants should file nu affidavit of

Owing to the imminent strike of compes documents, and that he would then he tors, the existing arrangements for the daily able to inspect the documents. He had production of the Ching Outlook is likely to of not been able to obtain any proper be greatly upset, and the printing

further ises of this paper will be attended inspection of the documents. The prewith considerable difficulties until improved Moantine, vious evening he wrote defendant's soli- arrangements are completed:

we beg our readers and supporters to extend how sorely tried they have been.

Plaintiff, in the witness box, said he printed 1,000 copies each day. The cost for the production of a paper of that standard-the monthly cost would be 8725. He did not know the approximate receipts from the issue, that is their business" he added.

for the defence.

At the cutset Mr. Potter informed his Worship that Mr. Slade, who was leading Counsel on behalf of the application, had left the Colony, and that Mr. Jenkin was with him for the prosecution.

In reply to questions from the Bench in regard to points urged on behalf of the defence Sir Francis Piggott said that any crime provable against the fugitive was a political crime. In regard to the claim of right, he did not allege that the fugitive had a right that would be decided in the civil case-but he did scy that he had set up a claim of right

His Worship intimated that he found his mind was actually affected by the fact that Sir Francis called no evidence

Sir Francis-1 must point out one thing that the fugitive is not precisely in the same position as an ordinary prisoner, that the Prisoners' Evidence and Ordinance applies to him; and therefore that is not allowed to be taken into question at all

Mr. Pattor declared there was cirar authority that the defendant lost the right of the last word no matter when he put in his evidence. However, he was quite prepared to do what seemed best to his Worship. He further pointed out that the defence had said that they had closed their case, and when Counsel made such statement they accordingly actai St Francis agreed that he did say that he was not going to call any witnesses, but his argument right through had Veen that there was my case to answer,

upon it

His Worship confessed that this was a new point to him and it was ultimately decided that the question should be put down on the Magistrate's notes,...

le

Mr. Potter, in opening his address in reply to the speech for the defence, said he would adopt the Magistrate's recom- mendation, and leave the two points had mentioned until the dealing

laat, with the others in order. His learned friend had said that this was au import ant case, and he agreed, It was import ant from the point of view of the fugitive in the first place. It was also important from the point of view of the Crown, for the reason that if his Worship gave effect to the defence set un in this case it would mean that Hongkong would become a ver zeni asylum for criminals fleeing from justice from Canton, because Sir Francis practically went so far as to suggest that by reason of the condition of China dur- ing the past twelve months, in no circum

whatever could the Chinese stances

|

Mr. Potter then went through” the inte in un te showing tho evidence of the officials at Canton, and pointed out, the testimony of the witness continuity of the old Government when the witness said that he had held his position in the Treasury without a break from the first, If his Worship would fefer to the Pro clamation issued by Chan, Kwing Ming, catablish his startling proposition he tlint Kwangtung ceased to be an integral would soo that, so far from establishing past of the Republic, it seemed to him that it established the very opposite. It seemed to him that the only thing proved by the Proclamation was that for some reasons or another Chau Kwing Ming dis- agreed with the policy of the President,

Yuan Shi-kui.

He did not suggest that the Province of Kwangtung had ceased to be an integal part of the Republic of Chim, but he did suggest that Yian Shi- kai was a rebel against the Republie. Ho practically said that he had been ap pointed Tutah of the Province of Kwang- targ, in the Republic of China, and that his orders were to preserve peace and punish Yuan Shi-kai. The Proclamation was evidence to prove that Chan Kwing. ing conerived that the President of the Republic was not a desirable person. He spoke throughout the Procinumtion of the Province of Kwanglang, and now suggested that he declared it to bo an independent State. Even if he had done. so, declared. Mr. Potter, it would, inve carried the case no further.

Sir Francis Piggott My friend has forgotten the evidence of one of his own witnesses, who said that there was a re- bullion in China, that it affected many provinces, and that it was called an Expeditionary Army for the punishment of aan

Mr. Potter declared that he had for- gotten nothing. He would take every bit of evidence, and that last suggestion of his learned friend, and would contend that all they could say was that a certain man had become a rebel, and no more. His Worship could only decide this point on the must

INTIMATIONS

SPOTS ON FACE

ITCHING DREADFUL

Also on Hand. Some Blackheads. Others Opened Like Scurf. Could Not Sleep or Eat. Cuticura Soap and Ointment Cured in 3 Weeks.

33, Whitelock Sty Of North St.. Leeds. Eag. The spots began on my face and en my hands; some of the spiola wero black- keads and the othera opened ke acurf mul the itching was deadful. I could not slep Anul I couch, not out, ant I used to go mał with my through this terride licking. Wo had boughs all kinds of things and nothing diki ne muy good at all. At last my alter looking through the pättern book mw the advertisement of Cuticura. Soap and Ointment in, so she esid, 'Now Saralı try it. The first day 1 usest 16 the Itching stopped and then to spota me off grad- Balls, and to took thive weeks for curing, and I know my face is frond. I really can- not forget the treatment and I keep su buying it still, and 1 shall always use t I reveremend it to all my friends ba Leeds," (gned) Miss Baralı Cohen, Apr. 27, 1012,

TO REMOVE DANDRUFF

Trovent dry, thin and falling imir, allay itching and tertiailos, and promote the growth and beauty of the hate. frequent stiumpoos with Cutlera Soap, assisted by occasional dressinga wich-Cuteurn Oint ment, afford a rapat effective and economical treatment. Catiquun Soap and Cuilcura Ointment are sold throughout the world. A sample of each with 32-p. Flu Book Prea front nearest depot: F. Newbery & Sons, 27, Charterhouse Sq., Lonton; Potter Drug & Clem. Coru.. Boston, U. HA

Tender-faced mirn should shave with Cuticuta Stap Shaving Stick. Bample Treo.

(96-15

eitors haking for the production of certain their indulgeneo a point farther, knowing point I made throughout was that there criminal be sent back to be dealt with by unambiguous evidencal and the most! MAPPIN&WEBB,

documents, but he had not seen them yet, His Honour-The custom is for your clerk to go round to the office of the other side and to see what documents they have goi

Mr. Norington said he went round to the office himself, but the solicitors had not gut what he wanted. There was a counterclaim filed, and he had asked his Honour that there should be an adhdavit. His Honcur remarked that he had said that if it was necessary lie could have a formal discovery. I said you had better see what you can get."

+

Mr. Norington-Can I ask him this your Honour, whether in his opinion, without the paper could be carried on financial assistance other

than Ly subscribers, ADA

His Honour Pat it in this way, what -montily profit does he think it would

Mr. Norington-But I have not seen arts Pass-books, receipts, or any cheques shew, that is not quite putting things of the defendants, and they are all material in this action.

Mr. Harris said he understood that an order for discovery was made and he expected bis friend to come round to the He had uffice and see his documents. written Mr. Norington to this effect on Tuesday. He came round to the office and saw all the document's which he had in his possession, and which he intended to use for his case, and he inspected them. That morning he had received another letter from the Mr. Norington giving a long list of documents which he wanted produced; for instance, cheques. They could not go to the bank that morning and

get cheques out, Ho produced cheque

into his month.

Mr. Norington-From the cost of pro duction which you have given us could the paper shew a monthly proft?

Mr. Harris-I am prepared to admit that recently we bave not been making a monthly profit.

Mr. Harris-I put it to you that ell these statements which you have given about the payments is one deliberate lie. Mr. Norington-That is rather strong is it not?

Mr. Harris--is not too strong when I show you our pass-book.

Mr. Harris-Did not you bring out the paper of the 5th on the morning of the oth, the eth on the 7th and so on-Yes,

but it was their fault,

Why The paper was "made up and

His Worship-Not by Counsel 1 Sir Francis-Not by counsel and it is very doubtful as to what the Court would do. But, of course, you realise that the

is no case. Clearly, on that point, I call no evidence, but I am still entitled. after that question has been decided, to call evidence if I feel disposed so to do. That right is not gone.

Mr. Poiter pointed out that they had expressly asked Sir Francis whether the defence was going to call any evidence,

and he said not.

come

Sir Francis My friend asked me if I was going to call evidence then. I have to the conclusior not to call evidence at this stage, but there are subsequent stages in which I may va

His Worship queried the situation if he found himself in the position of grant ing a discharge on some of the charges and committing on others.

Sir Francis said his Worship would discharge on the first, and the proceedings would be limited subsequently to the others

Mr. Potter-VeL

His Worship-Suppose I find the facts prove other charges than are in the record?

Sir Francis-Oh, that has nothing whatever to do with it. You are not in the position of a Crown prosecutor; you can, only make an order for surrender in respect of crimes for which the requisition has been made. You cannot find a new charge. The Chinese Government has made a requisition and haz set out certain

a

the Chinese authorities. It was import- ant also from the view of the Chinese Government, in the third place, because that was the whole object of extradition it was desirable that every nation and should be in a position to have surren dered to it people who had committed crimes in that foreign country, and bin position to try them in its own courts, He ventured to say that if his Worship decided this case in favour of the fugitive on the points which Sir Francis Pot had suggested he ought to decide upout would be a decision which went further than any known fast tradition, He thought he would be able to bis Worship that there was a complete answer to every point made on behalf of the fugitive, Counsel then proceeded to deal with the question as to the effect of the Declaration of Independendence of Awangtung, and reminded his. Wer- ship of the quotation from Historicus which his friend had mentioned, to the effect that rebellion until successful was treason. He thought his Worship would be satisfied on the evidence that what took plaes in Canton between the 19th July and the 4th August amounted at the very most to nothing more than rebellion that was to say, it never wens beyond the period of rebellion, and was never any- thing at all. There was absolutely no thing more than treason if it was any eridence to show that a now Government had spruto un lato existence, wiping out the old Government of the province of Kwangtung. So far from that, the evid- ence was the other way, because it would appear that the so-called rebel Chan Kwing Ming he was quoting his friend's own words, and was not stating whether he was a rebel or not was driven out of Canton apparently by the forces of the Kwangtung Government,

LIMITED.

In further elaborating his arguments, Me Fotter asked his Worship to take the case of Scotland and England-le did not because Home Rule was so much the like to talk about Ireland and England wing now. (Laughter.) Let them asstune that Beatland or Wales-he would deal with Wales and obtained Home Rule, and that Mr. Lloyd George was the Premier, as loubt he would be (Laughter.) They there bad a Provincial Government, and for some reason beat STERLING SILVER WÄRE. known to himself Mr. Lloyd George said,

I do not care for the present attitude of the Monarchy in England. I do not we for the Premier's attitude. I think had better have a change of Government, and he then slaps up on the walle on Carnarvon Castie no doubt that would be the capital (laughter)-a Proclama. tion to the effect that he was going to take

his Army to Landon, and then said to the Treasury, "Of course you will look after everything as before, but I believe that the Present head of the British Govern- ment ought to be deposed." Could it be seriously suggested that that made Wales an independent State? His Worship was asked to state that the rebellion had been successful, and that there was a state of maependence for a fortnight.

From

was

books, and all the documents which his sent down to Mr. Leo and he world nos charges. The Crown has developed those that so far from the Government of dissolved the old Provincial Government.

Iriend could possibly want.

Mr. Norington submitted that the docn- nents which his friend possessed were not suficient to support bis counterclaim. He said there was a loss of ravenne, but he (Mr. Norington) said this was not clear, it was a loss of profit, but he had not seen the books....

read the proof in time for the paper to be produced.

charges in a way which seems fit and pre-

per

NEW CONSIGNMENTS

PRINCE'S

PLATE

(GUARANTEED FOR 30 YEARS)

CUTLERY

From the

SOLE AGENTS:

CHS. J. GAUPP

& CO.,

ALEXANDRA

BUILDINGS,

CHATER ROAD

Sir Francis Piggott protested that that He said there was a Declaration of was absolutely nothing like his argument, Independence. Whether that created

that declaration which dependence or not was another matter. recognised by a variety of people, a declaration for which Chan Kwing Ming was outlawed by the Republic, two posi- tions followed. One was that the seizures wore effective seizures and that the posses. sion of the property passed into the harde He affirmed of the rebels, and that that declaration.

Mr. Potter--it could only have dis Kwangtung having ceased to exist, it would appear that that Government was appeared if a new Government jumped in a position to deal with Chan Kwing into its shoes and took its place. It either Later plaintiff added that the copy His Worship-Suppose I consider that Ming itself, and to drive him out of disappeared or it did not. If it did dis Canton. His friend had said that a new appear, the property in the Kwangtung came in in "driblets." Mr. Lee had kept the Crown developed them wrangly ? money back but he denied that these Sir Francis Then you will discharge Government was set up with Chan Kwing Government would no doubt rest in the Ming as its head, and he (Mr. Potter) new Government ses up by Chan Kwing things were mentioned when the money at once. You cannot formulate anything laid special stress on the word Governing if he were something more that a

The paper was not else.

ment because it implied something more was kept back. published on two or three occasions in July because the copy had not coine in.

Mr. Potter said the whole basis of the than a mere outbreak of revolt. There mere rebel But what happened was evidenes that Chan this-that the Kwangtung Government was alsolutely or had not come in in time.

proceedings was the requisition. The Kwing Ming was recognised as the head was revived and ousted Chaz Kwing Ming, and the Kwangtung Government Mr. Harris put it to you that Ir charges were merely formulated to by the Province of Kwangtung as Lee cut the price because you did not bring the paper out in time I could not assist the Court, nothing more. get the paper out when I had not got the his Worship thought there was some matter to go into the paper.

A former employee of the plaintiff said thing covered by the requisition which that it was agreed that the quality of the they had not formulated in the character paper should be like that of the Daily of English law but was still criminal in Press or the Telegraph. That was the the law of England, he could find that an agreement for the trial period of three extradition erine had been committed. | months? The total daily out-put was to

be 1,000 copies, and the agreed monthly His Worship said that if any such case

was Governor-General before the rebellion theirs, but was that of the Central PORT FOR CHRISTMAS price was $725, The notice was to be did eventuate he would give due notice, and that he was recognised by the officials Geverantent. He submitted that the pro- Mr. Harri-I have waived $1,070, av fteen days on either side. If the paper Addressing Mr. Potter, his Worship said working under hiar as the Governor-perty was properly laid with the Kwang

was not properly "done" the China

General.......

Mr. Harris-We kept, as account booke at all; it is simply a private matter kept by Mr. Lee.

Mr. Norington drew attention to the -account for cartoons and contributions, and remarked that if there were any cartoons he would like to see them. And if there were any articles which had not been used Mr. Harris should not claim for them.

that is a pretty big margin for anything which I cannot prove. I think I can antisfy you regarding $1,000,

In reply to his Honour. Mr. Harris said the cartoons came from America, and some bad been paid for, but they had not all the receipts because they had not had all the accounts from America.

His Honour and that the practice was that anything which was relied

apon and which was available, should be produced. If there was anything more wanted the solicitors were informed and they pro- thuced them if they could

His Honour It depends upon what not'ee is given..

Speaking to the claim, Mr. Harris

if

If

CALDBECK,

whole; there was no evidence to show again succeeded to its own proporty. His MACGREGOR&C. what he really did, except to paste on the friend said the Central Government walls of Canten the so-called Declaration succeeded to it, but he could not bro. a y of Independence; and there was absolute-authority for that argument. However ly nothing to show that he was anything one looked at the question, the property who had by force of arms seized a portion posing they brought an action against the more than a man who had got up a revolt, was vested in the proper peresas, Sup or if they liked, the whole of the city of fugitive as they had done through the English Courts-it would be no defence Canton,

Hi Worship-There is this; that he for him to state that the property was not

(ESTABLISHED 1864).

ORDER NOW, so that the sliment.

Counsel then went on to deal with the Mr. Potter said he did not think that tung Government, Outlook people could cry off the agreement it would be better if he postponed any without the fifteen days' notice and the criticisms under the head of political mattered at all. He would take a most point for the defence in regard to the

Suppose that the Lord same clause applied to the printers the payments were not regularly made. exemption and the claim of right until the absurd ense

Mayor of London suddenly took it into Magistrate's powers. His friend's argu- Witness added that subsequently the defence had decided whether they would his head to become the King of England; ment was that bis Worship's powers under may have settled before Christmas.

call any evidence.

and then went to the Houses of Parlia as Hongkong Ordinance were greater circulation was reduced to 500 copies.

ment, seized the legislators and all than under the English Act. Well, he officials whom he was sufficiently lucky to thought his Worship would find that his get hold of. and then compelled them to powers were not a whit greater or smaller take the oath of fealty. Would that make that they were in fact co-extensive and him King of Englandi Or again, if the identical. He contended that his Worship Lord Mayor of London seized the Trea-could not decide that the ease was not The hearing was again adjourned until sury and issued 5,000,000 £5 notes, would one for extradition: that make hir King of England t

this afternoon, at 2.15.

In reply to Mr. Harris he said he left his employment because 'there was no

Sir Francis thought that that would not business doing." There was no talk about do stall. The grounds which he had were ~ general grounds, which notice whatever before the paper com- taken menced to circulate.

The case was then adjourned until the covered all, the charges, and that there was no case either in law or in fact, 23rd inst.

Whatever the facts might be this could only be a political offence, and that was a question within the jurisdiction of the of Magistrate. This taking of the money

is learn that there

no

Sir Francis Piggott-I presume my friend does not mean that the Lord Mayor would become King of England. Ho would become Lord Protector. (Laughter.)-

to

..

CHINA AND WIRELESS TELEGRAPHY

YUNNAN LOANS. We learn that the industrial loan Mr. Harris-On the morning of the $4,000,000 is expected to be signed this was bottomed in the political disturbance,

month by a Hongkong house,

The Ministry of Communications pro- trial?.

and was an incident in civil war. With Mr. Potter continuing said the whole We also

prove. of the evidence went

poses to establish a wireless telegraph likelihood of the loan offered by a Ger regard to the claim of eight, his Worship that Chan Kwing Ming intended system to cover the whole of China. Is man house for the projected West River would have to remember that he had

to steal the money himself, and slink

is suggested that there shall be eight main railway being accepted, as it would be a distinct violation of existing agree agreed to the fugitive's affidavit going in away with it like a common thief. He wireless telegraph stations and that each:

nu evidence main station will cover several provinces, without at all admitting that it was legi- submitted that there was timately within the principle of admis upon which his Worship could find that The first main station should include Chau Kwing Ming did establish & Chihli. Shantung Shansi, and Shensi. sinns. He had submitted that, without Government, and that was what he would The second main station should includ arrears plaintiff refused to go on print- According to the Gaulois, a London looking at any definite statement, his have to find as a fact before he could Henan, Kiangsu and Anhui; the third position. His Worship was asked to find fourth, Hapeh and Hunan; fifth, Kwang- ing the paper, and that was the subject journalist has been bequeathed £412 by his Worship found a claim of right raised, begin to consider his friend's first pro- Fengtien. Kirin and Heilungkiang; the of the counter-clain. There was an great-uncle, a retired colonel, £ for each and it was clearly shown in the argument that Kwangtung was an absolutely inde tang and Kwangai; the sixth, Chekiang. acount for the November printing, but of 10 occasions on which he listened, what that claim of right depended on. Hependent State for a a brief fortnight. He Fukien and Kiangs; the seventh. always with great, courtesy and interest. (Counsel) had been told that the question ventured to say that if bis Worship found Kweichow, YunDen and Kansu; and the The China to the old soldier'a story of a battle! that was not being put in.

said that it was in respect of balancements due for printing a paper called the China" Outlook. When the accounts became in

£412 FOR LISTENING.

in favour of the fugitive, there would eighth, Szechuan and Tibet.

Dow's 1 CROWN PORT.

INVALID PORT

HUNTING PORT.

ROYAL DRY PORT.

ARMADALE PORT.

4 CROWNS PORT.

VIN 1890.

125