1914-02-26 — Page 5

weather Fulmer & C

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NAPIER JOHNSTONE'S

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THE HONGKONG DAILY PRESS, THURSDAY, FEBRUARY 26TH, 1914,

The widow, at whoee house in Holly-. wood Road prisonor resided, and who was also present at the alleged conversa tion between deceased's wife and prisoner, doned that any words about killing wore used. The wife said, "Is it enough that you should be discharged and prisoner replied,There is the division to be considered." A

Mr. Potter then made his firal append to the jury. He commenced by saying I do not want to be melodramatic, but I always think it necessary to remind jaries in murder cases that on the verdict of the jury depends the life, and death, of the man who is charged. I impress that upon the jury for this reason, that a murder casa is a case which is entirely distinct from every other criminal case. It is distinct because in every other criminal case, a caso which is not capital, the

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out a sentence which he thinks satisfice the crime. In a murder case there is only one sentence by law, and that is the sentence of death, and although that is passed by the presiding judge, it is really the sentence of the jury when they find the man guilty,

The Chief Justice interrupted and remarked-The jury have nothing to do with the sentence. The sentence is pre- scribed by law, and it is not for the jury.

Mr. Potter--I say, with all respect, my Lord, that when the jury finds the man guilty of murder your Lordship's func tion is nothing more than technical in the sonss of passing sentence of death.

The Chief Justice-The function of the judge and the function of the jury are perfectly distinct. The matter of the sentence is purely for the judge, it is clearly laid down by law: The jury, and that is purely satisfied by law, have to find whether the evidence justifies a verdict of guilty or not guilty."

**

Mr. Potter-Entirely, my Lord, but with great respect, I have heard some of the greatest judges saying, in passing sentence of death, the sentence. which I am about to pass upon you, is not my sentence, but the sentence of the law."

The Chief Justice-But not the jury, Mr. Potter-The sentence of the law cannot be passed upon the person charged unless the jury find him guilty, If the jury find him guilty, the sentence of the Jaw follows systematically.

Proceeding, Mr. Potier said that it behoved the jury in a murder caso to sift! the evidence and to scrutinisit in a painstaking manner; in a manner, perhaps they would never dream of doing în an ordinary case, petty larceny bad the like "Gentlenion, he proceedett, “human nature is human nature, and I put it to you, and I think rightly, that

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POSTAGE STAMPS PICTORIAL although in every criminal case the jury many vital points by the other. Crown

JUST RECEIVED: POSTAGE STAMP CATALOGUES FOR 1914. Hongkong, 29th December, 1913.

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Paid-up Capital.... Reserva Fand

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£1,700,000-

Reserve Liability of Proprietors £1,200,000

EXCHANGE and General

THE

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(İNOURPORATED BY Special IMPERIAL

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Capital Subscribed

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A. 6. HEWETT,

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Acting Manager.

Dairen

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Hongkong, 14th April, 1913.

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Foochow

Newolwang

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Hongkong New York

Tokyo

Yokohama

THE

LIMITED.

У ОКОНАМА

Authorised Capital

Paid-up Capital... Reserve Fand

SPECIE

BANK,

Yen 48,000,000 30,000,000 18,550,000

-Head Ointon—YOKOHAMA,

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(Port Arthar Tondon Ban Fraucised Los Angeles Shanghai

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Lyons Crown witness who was so Evidence, which is said to have been con- obviously lying, and who had been so firmed by a confession, was found of a contradicted on the vital points of the

He was

THE FALL IN THE BANK RATE IN JANUARY,

1978 AND 1914.

of

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Harbin Honolulu

Kobe

Newchwang Tokyo New York Osaka

Peking

INTEREST ALLOWED ON CURRENT ACCOUNTS. Daposita received for fixed periods at reser to be obtained on application.

EISHI ONO, Manager. Hongkong, 30th September, 1913.

THE

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INDIA, LIMITED.

Authorised Capital'

Subscribed

Reserve Fund

Paid-up

BANKIRI:

BANE OF ENGLAND, aud

£1,500,000

1,125,000

532,500

415,000

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Interest allowed on Current Accounts, Deposits received on terms which may be had on application.

HN K. TSUDZURABARA, Manager. Hongkong, 19th February, 1914 11272-

HONGKONG

AND

BANKING CORPORATION.

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Reserve, Fands

Sterling

-SHANGHAJ)

$15,000,000

£1,500,000 at 2/-—815,000,000 SUver..

$17,650,000

$32,650,000

Reserve Liability of Proprietars" $15,000,000

COURT OF DIRectors, Hon. Mr. D. LANDALE Chairman. W. L. PATTENDEN, Esq.-Deputy Chairman, S. H. Dodwell, Esq. C. Landgraf, Esq. G. Friesland, Esq J. A. Plummer, Esq. E. Goetz, Esq,

Hon. Mr. E. Shellim. H. A. Biobs, Esq.

C. 8. Gubbay, Eng. P. H. Holyoak, Entj.

CHIRY MANAGER Hongkong-N. J. STABE.

MANAGEA

Shanghai A. G. Bazrany.

LONDON: BANKERI :

LONDON COUNTY AND WESTMINISTER BANE, LIMITED.

·HONGKONG-INTEREST ALLOWED.

On Current Account at the rate of Two

ON FIXED DEPOSITE.

at 1-per cent per annum on Daily-Balance-per-cant-per-sanum-on-the-Daily Balance sad on Fixed Deposits at rates which may h be ascertained on application.

A. R. LINTON, Manager

1789 Hongkong, 14th July, 1913.

For 8 months, 2 per cent. per Annum. For 6 months, 8 per cent. per Annum. For 12 months, 4 per cent, per Annum.

N. J. STABB,

Chief Manager. Hongkong, 16th February, 1914.

POST CARDS, SEEDS, BOOKS, has to sift evidence carefully, that, witness. And although she gave evidence

TOYS, &c.

inasmuch as human nature is what it is, at the Magistrate's hearing, the Crown, if a man is charged with stealing $100 and he wished the jury to bear that in worth of goods, it does not rest so heavily mind, withdrew, and he thought rightly Re

Calentia Six revolutionists have been arrested of on thy shoulders of a jury as when they so, the charge against prisoner. are trying a man charged with murder forring to Ho Pak Sau, Mr. Potter said and liable to be hanged. Speaking for he had never, in all his experience, come whom four were shot yesterday. myself, I can say this: there is no case across a which Couusel has to defend in these Courts which weighs su heavily upon him as a trial for murder. Therefore I case as that witnese He could give them plot hatched in Shanghai by a number submit I am not going too far when I points which showed that the man had of prominent revolutionaries to attempt "In him you& general rising Eight hundred picked say you must, in a murder case, scrutinise been proved to be a liar. the evidence, and you must exact front have the evidence of a man who, according on were to be sent to different ports on the Crown the very fullest prout before to his own story, witnessed a cold the Yangtze for the purpose of inciting you pass a verdict which means, in the blooded murder and then was bought for the lower classes to revolt and plunder. ond, to be banged.raordinary c

830, added Counsel. Ho Pak Sau never The signal for the outbreak is said to "This is a most extraordinary case," said a word until his neck was in danger, have been the arrival of White Walf at ernmented Counsel, and the first pecu- and previous to that he had ran away; Luchowfu The men shot yesterday were lr point about it is that a brother is not what an innocent man would do, but emissaries of Chang Chi kang, who made accused of murdering a brother, and, as just what a guilty man would do. Deal himself notorious in the Icoting of we now know, by reason of a questioning with Inspector Dymond's evidence Ningkuah and Wanchi under Kang Chen- which was put forward, his own blood Counsel asked if Ho Pak Sau was treated pong, the rebol General during the last brother. It is an unusual thing in any as a free man by the police. Inspector rebellion-Reuter country to have a brother charged with Dymond said that everything which was murdering another brother, and I beg to done to Ho Pak San was done at his own submit that in a country like Chins, request, yet Ho Pak Sau said he was where we know what family tics are, and fetained by the police, and that when he the strength of them, the case of a brother went out be had to go out in the custody murdering a brother is almost unprece of the police. He supposed Inspector dented." Speaking of another extra Dymond would say that Ho Pak Sar ordinary feature" of the case Counsel game down from Canton at his oWI

On Tuesday, says The Times remarked that the prisoner had already request. Did they think that if Ho Pak been charged before the Magistrate on the Saul had wanted to go out alone he would January 30th, we referred to the resem self-same charge, and had been released, have been allowed to do so? the Crown having withdrawn the prosecu just as much in custody as if he was blaned between the financial position now tion. And the only further evidence the locked in a cell. How was he treated and in January, läït, when the Bark rates Crown had got to support the present case when he came out with the police for which was 4 per cent, at the beginning of was that of Ho Pak Sau, with whom he walk along Jubilee Road, to find tho

He was handcuffed; but was the year, fell to 2 per cent, during the would deal subsequently. The Crown case revolver i divided itself into two parts: that he bad be handcuffed at his own request? Burely month. The parallel was fairly close.

Did In shot his brother, and that if the jury and they would not believe that. he was astonished to hear the Crown spector Dymond seriously suggest that then, but it is closer now, the actual Solicitor make the statement-were satis when Ho Pak San went for a constitu- amount of the reduction of the Bank 1ate fied that the man in the dock aided and tional, at his request he was accompanied from 5 per cent. to 3 per cent in the abetted in the shooting of his brother they by the police, and at his request also he same as in the earlier year--tramely, 2

HONGKONG SAVINGS BANK. could find him ruilty. That statement of was handcuffed? Then, in the witness-points." The relief given to industry the learned Counsel for the Crown box he shuffled and shifted and refused and trade is, no doubt, considerable, and THE Business of the abere Bank is con sbsolutely stashed the Crown case. to answer questions; his whole defconcur will help to strengthen the tendency ducted the RONGKONG AND There was only one story, as to how that went against him, and that was the real towards recuperation which has lately SHANGHAI BANKING CORPORATION.

HEAD OFFICE: 60, Wall Street, New York, murder took place, and that was given test of the truth of a witness. Then at become perceptible, after an interval of Bules may be obtained on application.

manifested itself by Ho Pak Bau who said he saw Kan the Police Court he said he walked behind contraction which

INTEREST on deposits is allowed on the LordON OFFICE: 36, Bishopsgate, E.C. Chai shoot his brother, and he himself prisoner after the shooting, while at that towards the end of 1913. No one expects Minimum Monthly Balances at 34 per cent

DRANCHES:- said, "I am an innocent man. That Court he said he ran in front. If he was that the Bank will go to 2 per cent for

per annum con

Bombay, had nothing to do with it. The jury had afraid of a man with a revolver, as his some little time to come, at any rate and

Depositors may transfer at their option. either to accept or reject Ho Pak Sau's Lordship had said, the proper position there are some who do not lock for any balances of $100 or more to the HONGKONG evidence as a matter of law. There was would have been behind him. He further reduction this year, in view of AND SHANGHAI BANK to be placed on FIXED no evidenco before them that the murder believed that Ho Pak Sau's evidence with the fact that, although the situation is DEPOBIT et 4 per cent, per annum.

For the HoxGIGNG AND Shanghai was committed by more than one man, regard to the revolver was as unbelievable gradually improving in Paris, as

BANKING CORFURATION, and they had either to believe or dis and improbable as any story which bad indicated by the reduction in the Bank

N. JASTABB, believo Ho Pak Sau's evidence. If they been told in a court of law. There was of Franco rate yesterday, the Paris

Chief Manager. did not believe him they must acquit no doubt that the man who put the market is still too much locket up with

Hongkong, 1st July, 1911] prisoner. It had been said that if both revolver in the hole was the man who shot unmarketable securities to be comfortable. the men were on the scene of the murder and killed the deceased, and were they But the first month of 1014 has brought they could both be found guilty, but there satisfied that prisoner put the revolver in with it events of an auspicious character, was no evidence on that and they had to the hole? It would be a scandal for any and the City generally is not now in the draw on their imagination. The Crown jury to convict a man of murder en mood to anticipate evil. In 1878 the case pre-supposed the possibility that they evidence which, in the Magistrate's Court, rapid fall in the value of money had little could not accept the evidence of Ho Pak was not relied upon; it was not English effect on prices at once, because in Sau. There must be material corrabora law or justice. Kan Chai was re-arrested January, and for some months after- tion to connect the two mon with the upon Ho Pak San's story, and if he was wards, the foreign political situation crime, and they had to say whether Ho not believed the case failed Pak Sau was a principal in the first The Crown Solicitor, in the course of appeared to be, and was, in the highest Authorised Capital 71. 80,000,000 (£2,500,000) degres or a principal in the second his reply, said that if the only man the degree dangerous, and other minor cause Paid-up Capital, F1. 17,407,000 (£1,450,535) operated unfavourably in the spring. It Reserve Fund F1 6,519,000 (£549,166) degree. The point raised by the Crown witnessed the shooting bad not been called was not until the Berlin Conference was Solicitor, you must and they are both the defence naturally would have dearranged for that the City beca guilty, if they were of the opinion that manded him, and if he could not have reassured, but when this was the case a both were implicated, involved Ho Pak been produced they would have been able

rise in prices of unusual vigour and Bau as a liar, and it also involved, as a to make a strong point of his non duration took place in those days, how TONGKONG HANSARD REPORTS matter of course, tho-acquittal of the appearance-Discrepancies in evidenco Hofthe

MEETINGS of the prisoner. If they did not believe Ho Pak ho added, would not be avoided, and the ever, the creation and issue of new

for COUNCIL

Sar it was absolutely finished. He was jury would realise that the Chinese mind securities was not effected as easily LEGISLATIVE

damp now, so that there was little to of the opinion that they could not give was notoriously inexacte

The Bank transacts every description of Session 1913. ⠀

absolutely any credence to the story of His Lordship summed up at some length. down prices when once the fear of war Ho Pak Sau Counsel detailed the REVISED BY THE MEMBERS.

evidence of the deceased's wife and send the jury, after an absence of half among the Great Powers had ceased to Banking and Exchange business, receives an-hour, returned a verdict of not exist, and although the money market money on Current Account and on Fixed PRICE

it was shown to be improbable and con- guilty and the man was discharged. became rather Ermer in the spring, there Deposit at rates which may be ascertained tradictory, even by a witness who was The Chief Justice released the fury, in was nothing to atop the rise after peace on application,

G. VERMEY, Manager, was nasured Peace is not in danger now, brought forward by the Crown. Her consideration of the length of the case

No. 8, Des Voeux Road Central. evidence had absolutely broken down, from serving on suries for a period of but cucities are created easily too because she had been contradicted on so three years.

easily perhaps.

Hongkong, 3rd October, 1913

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[190