1915-04-16 — Page 7

G.

AUCTION:

B.

PUBLIC AUCTION.

DARTICULARS and CONDITIONS of

Wald

the letting by Pablic Auction Sale, to ke 한화 MONDAY, the 19th day of

SERIOUS CHARGE AGAINST

-A CHINESE,

A DRAMATIC DEVELOPMENT.

HEARING AT THE MAGISTRACY.

Before Mr. J. R. Wood at the Magis

THE HONGKONG. DAILY FRESS, FRIDAY, APRIL 16ra, 1915,

women

his offer of 8100 per month on the pondi-flag (white truco flag) at the foremast, tions specified, and attempted to thrust and to carry all lights at night, It is in envelope into witness' pocket. Dofen faiser alleged that the ship was available or children of any dant said nothing, and witness asked him for any

nationality, other than Chinese, who may what it contained. He answered

wish to avail themselves of its us, and "Money." Witness took the envelope that no passage money was demanded or from him, and requested the defendant to paid by the passengers in question. accompany him to Captain Laminert, but Under these circumstances, it is centen

01 philanthropic it mission 101007, and is exempt from capture

within the meaning of Article IV. of The Hague Convention No. 11,

April, 1916, at 3 P... at the Offees of the track yesterday, Wong Kan, Ying, mana he refused. Witness did not examine the ed that she was

PUBLIC Wonka DeFarmar, by Order of HIS STOPLESNOY THE GOVERNOR, of One Lot of CROWN LAND at Star Street, in the Colony of Hongkong, for a term of 75 years, with the option of renewal at a CROWN RENT to be fired by the Burveyor of HIB MAJESTY THE KING, for one further term of 75 years.

PARTICULARS OF THE LOT,

Na 1718.

Registry No.

Locality.

feet

Boundary

Kessuremente.

+T

teet feet feet

per

feet

Annual Heat

Upeet Price

Contente

Square

1.800

sale | plan. (shout) 91,800

Hongkong, 19th April, 1915.

[487

INTIMATIONS

G.

NOTICE.

R.

ANY EUROPEAN desiring to leave the Colony should apply in writing for por- mission to do so to the PROVOST MARSHAL Head Quarters Offices, at least 48 hours before Be intended hour of departure, giving me, nationality, age, sex, height, complexion and soripation of the applicant, and slating the name of the stenter or other vessel or the hour of the train by which the applicant wishes to love. Applicants should apply in person for their passes to the PROVOST MARSHAL of Head Quarters Ofos between the hours of 9-A.M. to PPM, and 2 F.M. to 4 P.M. daily. Hongkong 26th January, 1915,

Q.

R.

[207

NOTICE,

LL Persons applying to the PROVOST MARSHAL for Passes are requested in future to apply between the hours of A.M. to i r., and 5 to 4P.X. daily.

Hongkong, 16th February, 1915,

[292

PEAK TRAMWAYS COMPANY, LIMITED.

NOTICE.

NO

TOTICE IS HEREBY GIVEN that In respect of all SEASON TICKETS Available for Three Months issued on and after 1st May, next, the respective Pricon will be as follows:-

Gentlemer

898,00

....: 818.00 $12.00

Ladies Children ... and that the Price of Servants' Punch Tickets available for 20 Rides will be $1.20.

Season Tickets expiring in April can be extended to April 30th, on same terms pro rata as now in fores, but no three-monthly Season Tickets and no Annual Tickets will be issued in April.

Notion is farther given that on and after 1st May next, dally return Tickets and Annual Tislota will be abolished,

By Order of the Directora,

JOHN D. HUMPHREYS & SON,

General Managers.

Hongkong, 1st April, 1915.

[464

"Contents Df the envelope, but handed intact to Captain. Lammer, Ten

notes were found inside.

The Crown Solicitor produced a letter written by Mr. Grist to Captain Milner-Jones, in reply to a comrannica tion from the latter threatening to cancel the contract, and asked the Sergeant if ho had seen it. The latter replied that he had not.

At the outset of the proceedings. I. express.d the strongest doubt as to whe ther it could be so regarded, and the extract under the hand and seal of the Crown has since fortifed in with an Assistant Under Secretary of State for the Committee of the Deuxicine Confer Foreign Affairs of the official report of onco Internationalo de la Paix la Haje, 1907, (Actes et Documents),!, which, I think, leaves no reasonable doubt as to the construction to be placed on the Article in question. It reads (ater

ger of the Wing On Coal Company, was- charged for that on the 6th April he at tempted to incite and induce Staff Ser geant Hawkins, Chief Clerk at the Army Service Corps in Hongkong, to eorumit an offences to wit: To conspire and col- tudo with him to defraud the Govern- ment of a certain quaufity of coal to be supplied to the Government; to deviato from his duty as Chief Clerk and miscon duct himatif in such a manner as to en- able the defendant to defraud the Govern-the contract has been cancelled?—Yes, italia): It is obvious that such a favour ment of a certain quantity of coal by of Tering Sergeant-Iawkips $100 per month and by thrusting into the pocket of Sergeant Hawkins $100 in notes

The Crown Solicitór prosecited and Mr. E.-J.-Grist (Messrs. Wilkinson & Orist) defended.

Mr. Grist said he had a preliminary point to make, namely, that the charge so far as he could ascertain was not criminal offence in any shape or form. It clearly did not come under the Bribery Ordinance here.

His worship-It is laid under Common

Law, of inciting to commit a crime.

Mr. Grist Yes, but it appears that this is rally an attempt to bribe, and is punisible at Hume under the Act which was passed in 1866 for the preven tion of corruption. Ho contended that it was not covered by any Ordinance at Present in force in Hongkong. '

His worship-I think MF. Hodgson will admit that it is not covered by any Statula,

The Crown Solicitor agreed.

His worship-The question is whether it comes ander the heading of incitement. That is the whole point. I think I must hear the Crown, and in view of the amount involved. ($100), and that if the charge was a bribery charge the Magistrate's jurisdiction is only in sums not exceed ing 850, 1 think it would be very desirable for me to cominit the case to the Criminal Sessions.

-

The Crown Solicitor-Do you know if

was cancelled.

It is alleged by the defendant that since the 30th March you had pressed him for a loan of 8900. and that he declined to make it-There is not the slightest truth in it.

Is it true that he advanced you. $100 ms. a loan -No truth whatever.

in

an only be granted under the condition that there is no intermeddling (omiserr avoid all difficulties, the Power whose the war operations: In order to ship in question bears the colours must refrain from involving her in any war service. The favour granted to the raid ship bestows upon her a sort of neutralization which must last until the- end of (all) hostilitics, and which must prevent her from having her destination altered.'

Is it true that you promised to repay him in a week's time?-It is not true:

Now as to the construction which has to be placed on the foregoing language; Have you ever borrowed money from

I entirely agree with the Attorney- the contractor, or, from any contractor-General's rendering, and I will adopt the Nover

words which he used in argument.

Tho word neutrality here means that the ship is placed entirely outside the pale of any war-like operations, and must, in from any service in connection with the consequence, keep herself entirely upart war, or that may have any effect on the

It

Lam afraid that I must ask you these questions, Sergeant, Were you in fact at that time in need of money Witness (smilingly): No, I did not need money. In cross-examination by Mr. Grist, the witness said he first became acquainted with the defendant a few days before the commencement of the contract Defen dant came to see him at the Transport Office and asked permission to use the matshed at the A.S.C. pierhend. Two- thirds of the matshed were alloted to the defendant and defendant cáme several times about certain allerations that had to be effected, Ho bad never been to the defendant's shop, and he had never personally ordered coal. There were five deliveries altogether. In the case of three there were written orders, signed by witness, and in the other cases the orders were given verbally through the No. 1 coxswain. It was not a fact that the second order was given personally by witness in the defendant's office.

war.

In the

was contonded on behalf of the owners that the intention to intern refugees at Tientsin was philan of Mr. Justice thropic mission, and the recent decision.

Gomperte Hanametal case (a neutral ves) was wes relied upon; that the carrying of refugers not inter meddling with war-like operations, and so was not a breach of analogy between the reasoning adopted neutrality law. I think there is no real

in that case and the present There 18 1 fundamental differener 13 the Attorney-General, contends, between the "neutralisation" in an enemy ship within the meaning of the Official Report on the Convention, and the neutrality of a non- belligerent ship. There are many things which the latter may be enabled to do which in some measure may affect the yar, without rendering herself liable to breach of neutrality, and in such case it must be demonstrated to the Court by the captor that one unneutral service has been performed

This ones understand, is what the Crown failed to I

discharge in the case of the Hanametal. refuges, without being able to capture, The fact that a neutral ship may carry does not imply the same power in an cemy ship, although give une sorte de neutralisation" for the purpose of the philanthropic mission in question. Mr. Grist And I put it to you that

To construs philanthropic mission" defendant then agreed to lend you 1001-quences which clearly could not have been as suggested may lead to serious cons:- He did not, and I asked for no loan.

contemplated by the Article, and it might The Crown Solicitor-Has your worship neutral port under any similar professed enable an encuny vessel to escape to a got down the 4th. It is a little import act of philanthropy. If it was intended ant. My point is that it was before the to cover such an act as the conveyance of non-combatants under such conditions tu a reutral port, the Convention would. not have left it in such vague and inds finite language; and some such system, as safe conducts furnished in advance. would presumably have been contemplat- ed, and has beon, I understand, often the custom in the case of expeditions. dispatched for purposes of science or religion, and in the case of cartel ships.

Mr. Grist Did you agree on the 4th to lend the defendant some mule carts for the conveyance of firewood?--Yes, but I cannot say the exact date.

The Crown Solicitor briefly explained the facts of the case for the prose cution, He said that the defendant was under a contract to supply coal to the Army Service Corps, and the contract started about the 1st April. The first consignment of coal was apparently not in accordance with the contract. It was short, and filled up with what was known as unscreened coal, which should not have been there, the contract specileally laying down that the cool must be screen-6th, ed coal. A complaint was made, and the next consignment was all right. The defendant apparently thought, he could not make enough money out of it, and approached the Staff Sergeant, who look! ed after these matters, and endeavoured to induce him to pass uuserõened coal by

offering him $100 a month and actually thrusting into his pocket an envelope FROM MONDAY, THE 12TH INST. containing $100 in notes. Sergeant Haw

LADIES'

Up-to-date Ready-Madis

BLOUSES CLEARANCE SALE FOR ONE WEEK ONLY

AT

kins very properly told the man that he could not listen to such a thing, and that he must report the matter to his superior

offer. The Sergeant went to his officer, and the present charge was brought as a

Mr. Crist then produced a document (an 1.0.U. for $100) purported to be signed by the Sergeant, and asked if the signature appended to it was his.

The Witness-No, that is not my signa- ture, and I have never seen it before,.

Answering. Mr. Hodgson, witness said if he allowed unscreened cual to pass it would go through without anybody else knowing about it,

The hearing was adjourned for the calling of further evidence, including that of Captain Lammert, for the prose

cution.

consequence. It did net-matter in law of THE "PAKLAT" CONDEMNED. course whether the Sergiant accepted the THE PHILANTHROPIC MISSION" bribe or not.

Staff Sergeant Hawkins, in the witness. box, stated that he saw the defendant im connection with the contract, which com,

KOMOR & KOMOR.menced on the 1st April, but he had

Des Voeux Road,

Alexandra Buildings. Hongkong, 10th April, 1915.

YOKOHAMA.

(410

BLUFF HOTEL.

No. 2, BLUFF.

HEALTHY LOCATION AND BEAUTIFUL VIEW.

MODERATE TERMS.

13:10

ARGUMENT.

Judgment was delivered yesterday by the Chief Justice, sitting In Prize, in the nothing to do with the placing of the condemnation of the German stemer ease in which the Crown applied for the contract. He inspected the first consign-Paklat, which was captured in August ment of coal, and finding it, not satisfac last by a British man-in-war while on her tory, he took a sample to the Transportway from Tsingtau to Tientsin. Office and showed it to Captain Lam- The Attorney-General (Hon. Mr. J. H. inert. In consequence of this the contrac Kemp) was for the Crown, and Mr. tor's attention was called in the breach Eldon Potter (instructed by Mr. W. d. of the contract. The second consignment L: Shenton) was for the owners of the came on the 4th April, and that was good | Peklat.

I may add that, assuming the blockle had existed at Tsingtau (which I under stund in fact did not exist until August; 27th), my rule of law exists which obliges besieging force to allow all non-com batanta, aged, the sick and wounded, or subjects or only women, children, the of neutral Powers to leave the besieged cality unmolested. Although ruch por inission is sometimes granted, it is, in! most cares, refused, because the fact that non-combatants are Lesieged together with the combatants, and that they have

endure the same hardships, may, and very often degs, exercise pressure upon the authorities tu surrender (ye Oppenheim, International Law, Vol. II., p. 193).

This being the cass, if the Conventius ever contemplated such a philanthropic lesion," which in the case of a blockaded port would come directly into conflict have provided for it in with the custom 1 have cited, it woul

unequivocal language.

express and

was properly seized as a prize of war. The decision I give is that the vessel

and that she is subject to condemnation. nd that I do condemn her and-order her: to be sold and her cargo.

The Attorney-General, then asked his lordship to make the order for condemn tion only, and not for sale. He was only asking for condemnation.

Subsequently his lordship deleted the

added the words the Crown to receive claim."

THE BRITISH! EASTERN COMMUNITIES..

GENEROUS CONTRIBUTIONS TO THE RELIEF FUND..

INTIMATIONS

LANE

CRAWFORD & Co.

F

(Telephone 1741.)

JUST RECEIVED:

U CASEMENT CLOTHS

N

S

H

G

D

ען

IN A VARIETY OF SHADES.

CRETONNES

AND

TAFFETAS

LINENS,

SHEETINGS,

TISSUES.

WIDE RANGE OF BORDERS TO MATCH.

PATTERN BOOK ON APPLICATION:

T. LANE, CRAWFORD & CO.

NOTICE.

[22

E HAVE from this date Opened an Office and Show-room in the HorGxONG HOTEL BUILDING, Fodder Strost, and hare engaged a staff of Salesmen and Mechanics attending exclusively to the Sale and Repair of REMINGTON TYPEWRITERS.

The

superiority and the QUALITY of the REMINGTON TYPEWRITER COMPANY'S Prodnations are wall-known in all parts of the World, and we therefore appeal with confidence to ALL users of Typewriters.

May our representative call on YOU with regard to a Machine or to arranging

■ contrast for cleaning and looking after your Typewriters by the year?

MUSTARD & Co.,

HONGKONG HOTEL BUILDING,

Pedder Street, Sole Distributors for HONGKONG, CHINA AND MACAO,

REMINGTON

TYPEWRITER

HongkonF, Vith April 1915.

#

Co.

[502

AMULET

Smoking Mixture.

AMULET" Tobacco is a delightfully cool smoke for this

serçened cal. The third consignment In giving judgment his burdship szid words and order ker to be sold," and was due on the-tr-April-Defendant Tho ship-was-táken, and seized 3. prize-such costs as have-been-occasioned by the came to sen witness on the 6th inst., at by H.M.S. Farmouth on the 21st August about 10.15 ain. They had a conversa-

last of the Shalientan Island, and was EXCELLENT CUISINE AND HOME, during which defendant said that brought to the port of Hongkong. It is now asked that she be condemned as COMFORT.

prize. The defence set upen the affidavits of the master of the vessel alleges that she was requisitioned by the Government at Tsingtau in the ou break

The generosity of British communitis) of war to carry women and children to in the Far East in contributing to the hot and damp weather, Tientsin, as the train service was over-

National Relief Fund continues to mai fest itself, remarks a London paper. The In each 116. tin there is a small BRIAR PIPE. crowded; and the intention was to intern Secretary of State for the Colonies the ship at Tientsin until the end of the announes that the Governor of Heng- war, the ship to be used in the meantime kong reports that a sum of £17.00 has to house such women and children as had been placed to the credit of the Fund, insufficient means to live on land. The That eum is apart from the $100.609 voted ship, it is also alleged, was specially by the Legislative Council. The Gov- fitted for this purpose. The Captain ernor makes especial mention of the also states that he had express instruc generosity of the Chin so and Portugues: tions from the Tsingtau Government to communities. A first contribution of fly the German flag and the Parliamentary -£10,000 from Parang is ako announc:d.

FOREIGN

FOR SALE.

he could not supply screened coal at the contract price without a great loss and he then offered witness si00 a month to pass in unscreened coal. At the moment wit ness was called away, and he told the defendant that he would have to report the matter to his officer: Defendant STAMPS, thereupon, exclaimed, "Oh, no, you will be merciful." Witness attended to the business for which he was called, and on returning he followed the defendant, at the latter's request, to a maished, a part of which was lent to the contractor for the storage of fuel. Defendant renewed

All kinda of

POSTAGE ALBUMS, and other PHILATELIC GOODS,

at Prices to suit any Bayers.

GRACA & CO..

ICAINE ROAD NO. 11.

Hongkong, 1st April, 1915,

[465

SOLD BY

$1.10 per b. tin.. HONGKONG CIGAR STORE. A B. WATSON & Co., LTD. KELLY & WALSH, LTD. LANE, CRAWFORD & Co. VICTORIA DISPENSARY.

Hongkong, 15th April, 1915.

[497