1915-11-27 — Page 3

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THE EXTRADITION CASE. IMPORTANT LEGAL ARGUMENT IN

SUPREME COURT,

Important argument was advanced by the leading counsel for the Crown (Mr.) E. II. Sharp, K.C.) in the Hung Shiu Lung ceas at the Full Court yester

day. Dealing witle the contention by the defence that the charge was a false and fabricated one, counsel said that it was not competent for the Court to question the bona fides of the requisitioning Government. Once a clear representation had been made, it became a matter of good

THE HONGKONG DAILY PRESS. SATURDAY, NOVEMBER 27TH, 1918.

KOWLOON FATAL ACCIDENT.

COOLIE OHARGED WITH MANSLAUGHTER,

The case in which a coolie is charged; with manslaughter of Miss M. Roza Pereira, of Kowloon, was continued at the

Magistracy Lindsell.

PEKING NOTES:

[FROM CUR OWN CORRESPONDENT]

PEKING, November 17th,

APPLYING THE BRAKE.

HONGKONG SHARE MARKET.

Messrs. Vernon & Smyth, in their weekly share report dated the 26th November state!...

EVENING

INTIMATIONS

DRESS WEAR.

The local market has continued dull The brake has been applied to the and lifeless throughout the past week, monarchical movement, and the save and rates, with few exceptions, have been

bare'y maintained. Plantation Rubber" face" methods of the President in after advancing in London to 3/71 has yesterday, before Mr. making this announcement are appre-receded to 3/3 and 3/- for spot and

cinted by those who have followed the months delivery respectively, closing steadier. Standard Tin has declined to procedure, with ordinary interest. Ihics and £107) for cash and 3 months advice of four friendly Powers could not respectively, and Bar Silver is now be ignored by China, no matter how un quoted at 261, Sterling T.T. opened to- day at 1/10, Shanghai T.T. at 743, and necessary it may have appeared to the Singapore IT. at 81 The Bank's Peking Government, and therefore it is buying rate for ds, bills on Shanghai is BANKS.Hongkong and Shanghais have ties discovered that the steps to be sold in small lots al 8929, and more are THE LATEST STYLES

procurable at this rate,

Dr. W. J. Woodman (Medical Officer of Kowlcon) stated that he was called to the residence of Mr. A. J. Mackie, No, 5, Lochiel Terrace, Cameron Road, Kowloon, and saw Mias Pereira lying on couch.

Faith, and the Court could not impeach the On examination he found that soveral ribs not surprising to learn that the authori- to-day 76. We be

good faith of the requisitioning Govern

mont.

had been broken and that the lungs had

been penetrated. She died in less than

The Chief Justice said the Court regard half an hour. The injury might have been grand ceremony could be carried based off, and close with small sales and

caused by the shaft of a truck colliding with the lady when in rapid motion.

taken before the performance of the

were many and varied, and full prepara- ed the point as being of the highest im

tion had to be made and a suitable time portance. If they were going to decido

selected before it was possible to have the at present his mind was perfectly open-

Mr. A. J. Mackie, third interpreter at consummation of the movement That Tis 175, and Yangtzes R $200 with it seemed that, speaking generally, it would be hopeless ever again to raise in that the Supreme Court, said that on the morn-explanation may serve its purpees, but Court the question of the existence of aing of the 10th inst, about 715, he there is no gainsaying the fact that those political offence in extradition, assuming that the ordinary undertaking we given. heard shouting in the road outside his responsible have felt it ineumbent to make In other words, section 4 of the Ordinance house. On looking out he saw a coolie run-baste become practically superfluous. Therefore, they wanted to proceed with great care onning away and a lady lying on the ground. this point.

She was shrieking. Witness went out and carried her into his house, and immediate

He

Mr. Sharp quoted from a judgment of Lord Russel in an important extradition case, in which his lordship said the Courtly telephoned for Dr. Woudmin could not hohoh good faith. There

o jurisdiction in any event on the ques tion of good faith.

could identify the coolie who ran away, but he did not see the defendant. There Mr. Sharp added that supposing was no brake on when he examined the the Court did not think that the truck, and he thought that from the man- evidence obsolutely proyed the case, ho would say that the Court would still havener in which the truck was landed it would no jurisdiction under this Section. It have been impossible for the brake to have could entertain no question of the good been used. Faith of the Chinese Government in view of the undertaking. Further, then that, if the Court should have some doubt as to the guilt of the fugitive, or thought the man

named Mariano A Filipino Jarber, Fuertes, deposed that he saw a truck in down charge of several coplies come.

the

slowly Consequently, announcement has been officially made to the Powers that there will be no change this year, a concession which represents at least a postponement of practically a mouth. 11. no further developmata to take place on the interval, it may be presumed. that the authorities will consider the propriety of deliberating afresh upon the question ucator the turn of the year."

THE BANK TANGLE

One of the anomaling of the European conflict has been the continued operation of the Quintuple Group of Bakers. Here, alles have deemed it expedient to maintain agreements and carry

concluded before "war" arrangements

vut

was not guilty, it must assume that the Nathan Road at a fast pace and turn into separated their national interests with

Chinese Courts would try the east properly, and would, if they found him not guilty, discharge him. This Court could not as sume that they would do any thing else.

Mr. Justice Gompertz--You are entitled to assume that the Chinese Court would have greator facilities for arriving at the truth.

Mr. Shurp Yes In these proceedings. only sufficient evidence, was adduced to satisfy the requirements of the Court

Cameron Road. A few seconds later he saw the coolies running away in the direc tion of Younnati. He thought something was wrong and found the lady lying in the road.

A Chinese coolie employed by the tary Department said he saw the come down the road very quickly, and later saw the lady on the ground. The coolies ran past him into Nathan Ford.

His worshipYou are A servant and did not attempt to stop them. Witness But I was single-handed, your worship.

u

MARINE INSURANCES-Unions have

further sellera at $940. / Cantons after small sales at $421 are now obtainable to a limited extent at $420 North Chinas contane in request in the North ex 73,Chinas are changed a $165 nominal with small buyers at slightly under this quotation. Hongkongs continue on offer at $120 and with no buyers at present in evidence,

SHIPPING-Douglases liave sold at 985 and $80, and close with probable sellers Steamboats are the latter rate. wanted at $191, and Star Ferries at $30. Indo-Chinas have been neg.ccted market secuout the inter review, and close with a nominal quotation at $182 for the Combined, the Preferred boing also nomingi n. 863, and the Deferred 280 seller, after sala al $85,

OILS Shells have again been booked a 85/-, and, so far as we are aware, there are no further sellers at this rate Ural Caspians are on offer at 31, and Langkats are procurable at Tla 391. probably Tls, 38,

REFINERIES-No business in this section has been reported, and rates are nominai at $128 for China Sugars and $371 for Lutzons

MINING.-Raubs have been booked at $0.65 and $3.60, but otherwise there is no. business to report, and quotations are purely nominal,

OUR GENTLEMEN'S

OUTFITTING DEPT.

18 NOW REPLETE WITH

AND

NOVELTIES

FOR

EVENING

READY

TO WEAR

DRESS

WAIST-

COATS

From $5.50 Each.

LANE, CRAWFORD & Co.

present enemies. flowever, it looks s

**Tina: if the group will now be dissolved, occasion which brought this matter to an issue was the appication of the Govern

and ment for a loan of $10,000,000, Something

DOCKS, WHARVES AND GODOWNS.-Hong the French for

and must have happened in Puris Petrograd,

kong and Whampoa Docks after receding Russian banks were informed that they Sani-must not enter into any loan transactions to $55 have advanced to a buying rate in which Germany was interested. Con- of 888 with Ellers holding for higher truck sequently, the negotiations have broken rates. Kowloon Wharves have also come down for the moment, but it is far into favour at the reduced quotation of presume that the four Powers remaining $75 for cash and equivalent rates for January, and higher rates would doubt will arrange for the loan, which means less be paid. In the North, New En that the British and French Banks will supply the cash. There can be no doubt gineerings are in request at Tls. 9, the that the principle of non-association Shanghai Docks at Tls 584, and Shang with Germany in such transactions is the hai and Hongkew Wharves at right one, and if the Allies could see improved quotation of. Tls. 100

LANDS, HOTELS AND BUILDINGS. their way to make further advances tu Hongkong Lands have been a drooping China they would undoubtedly scotch German interests very effectively in this market, and after sales at $107 close with sellers at $106. Humphreys have country, which, after all, is one of the gain been soid at $6.90, eosing with FAIR

One newspaper had. 3 present objects, veiled threat to the effect that if thalers at $7. Hotels continue in request Group did not furnish the money Chira at $108, but as this there are no sellers, West Points and Kowloon Lands are Need- would borrow it from Germany. less to say, this would be an extremely unchanged and without business report- foolish policy, because China could only get from this source oney which she tions to the Berlin Government.

Government

Learned counsel nga emphasisted the incompetence of the Court, in view of the specific undertaking given, to entertain any question of the good faith of the Chinese: Government. These undertakings were amatier for the Executive. If it. should be that there was any mesh or any oversight in this undertaking, and there was any way in which it could to verbally ryaded. then it was for the Executive to

His worship-You might have tried to communicate with the Chincie Government and suy the undertaking did not noverarrest one. You ought to be ashamed of Sach and such contingencies; were they yourself. propared to undertake what had been cmitted? He also submitted that the Magistrite was not bound to give his ren- sons; he did not think they mattered,

Mr. Justice Gompertz-Should not the

Evidence was also given by the father The of the decensed and also the sister. Intter said that deceased told her a truck

Magistrato be entitled to give the Execu- had knocked her down. Witness asked her herself paid in liquidation of her oblig has recoded from the highest points

tive whatever views he might have upon the case

Mr. Sharp-1 do not think he is bound to, but I should think it would be highly convenient.

The Magistrate's decision was again re ferred to after the tiffin adjournment, Mr. Justice Gompertz remarking that suppos. ang they were of the opinion that the Magistrate was in fret wrong, and that the legal rights of the prisoner had been inform him violated by refusing to

of his opinion and of course, that might have been an illegal act thera might have been certain consequences; and one of those consequences might be that the committal warrant was bad, and therefore the fugitive must be discharged.

Mr. Sharp said that this was not a case in which the Magistrate had rofused to give his opinion; he refrsed his sdecision. They had only to look his judgment to see what he had done, and they found that ha said, gubstantially; I have decided, and whatever consequences follow from

why she did not get out of the way, and she replied that she could not.

Said Bad Shab, a Sanitary Board fore- men, said he was in Nathan Road and saw the truck going fast. The coolies later son He chased them for a few steps away. but the lady called and said to him "Call a ricksha and put me in"

His worship asked Sergeant Lannigan what other witnesses there were. At pre- sent there was no evidence whatever against the defendant.

Sergeant Lannigan There is only his own statement, and that of his master, the owner of the truck, whom he told of the accident. The master arrested him and brought him to the station.

His worship Presumably he will be able

THE VICE-PRESIDENTZ.

COTTON MILLS The Shanghai market, owing doubtless to settlement influences, touched during the interval under review the closing quotations being Ewos Tls. 172 sellars, Kang Yika Tls. lot sellers, and Bhanghai Cottons Tis 20 sellers, Laou Kung Mows are quict at Tis, 78, Internationals at Tla. 64, Soy Chees at Te 471, and Yangtezes at Tis, 61,

WEAR.

DRESS SHIRTS From $8.50 Each.

COLLARS

All Shapes $4.50 Per Dozen:

THE LATEST IN

MUFFLERS, TIES, ETC.

PATENT PUMPS & SHOES

From $7.50 Per Pair.

OVERCOATS

IN ALL WEIGHTS AND SIZES.

CACAO,

Dutch-Made.

CIGARS,

Dutch-Made.

QUOTATIONS. ONLY LARGE ORDERS. PHONE: 1687.

INSPECTION OF SAMPLES CORDIALLY INVITED. QUEENS BUILDING.

TOP FLOOR,

3. ICE HOUSE STREET.

WILLEM HEYBLOM,

The Vice-President has on more than one occasion, in accordance with Chinese custom, tended his resignation, and in accordance with Chinese custom, the Pro sident has urged him to remain in office and give the country the benefit of his

MISCELLANEOUS Cements after various AMSTERDAM. great services and valuable experiences down to 810 have recovered to e General Li Yuan Hung hus apparently

China made up his mind that it is time to get buying quotation of $10.20, perhaps even out, and has dismissed his official staff, a higher rate would be paid. following this up with another request Borneo are wanted at $101. Peak Trains to be allowed to resign his two ollices. at $91, and Powells at 601. Hongkong I understand that the President has Trams have sold at $5.20 and Steam agreed to this, and in a low days a man Laundries at $39. date will be issued making the necessary appointment consequent upon the change in the General Staff.

• THE PEKING JESTER.

MEMO.-Next Settling Day, December

22nd.

IN HONGKONG.:

Much merriment has been enjoyed in RED CROSS BANDAGE-MAKING Peking this last week by the tournoy which has taken place between certain litterature under nomesde guerre in one of the local newspapers. Idiosyncracies

At the end of September a letter was received by Mrs. Pholips from the

this decision they are going to follow. I able to say that defendant was one of the of style have been the butt for the shafts Secretary of the Red Cross Society in

have decided, I tell you that emphatically. puliers.

I know that the Ordinance calls upon me to decide this point, and I have decided this point, and I have communicated it to the Governor, who alone has power to act upon it." Counsel added that that was not a caso in which it could be said that the Magistrate had no decided. The only thing that could possibly he said wsa that, having clearly informed the fugitive of the fact that he had losided, he also informed him of the legal course he was going to follow, and the decision he had arrived at It would have been a very different thing if the Magistrate had refused to decide what the Ordinance called upon him to decide. The point had been reised, how- ever, that he had not informed the fugi- tive of his decising. To this he (counsel) replied that the Magistrate had clearly decided what the Ordinance said he could decide, and he told the fugitive that he had decided. It was not the duty of that Court to consider what differencoS might arise, though he did not think any would arise in the event of the Magistrate giving a different decision, and he did not think their lordships need devote any time to the alternative effect of the Magistrato finding the man guilty.

of wit and the play of fancy of a local The case was remanded for the evidence versifier, who has set the foreign.com of the master,

CRICKET.

KOWLOON "A" 2. HONGKONG

B.

munity asmiling by his clever effusions which make it extremely difficult for the stylists to answer, you

|

Lendon asking for bandages and swabs for the different hospitals.

On hearing this some ladies came forward and offered their help, and a bandage making class was forward early in October.

A GERMAN PROPAGANDA.

The result of the work up to date is There has been some stir locally over the German propaganda waged here by as follows:-2,200 bandages and 2,550 highly placed men in the service of the swabs, all of which are being sent to Chinese Government, whose conduct in Col. Gordon Hall's hospital in Alexan- this respect is regarded as a breach of dris this week

The publicationThe class is held every Monday and Chinese neutrality. from Shanghai under the title of The Thursday mornings in the City Hall War is being disemminated here, but from 10.30 to 12.30. It is hoped that whether it makes an impression on the anyone who can spare the time will join, Chinese or not is another matter. The as many more bandages, etc., are urgently the activity of Major Dinkelmann, mili- A small subscription of two dollars chief cause for complaint is, of courge, required at home and at the front. Mc-dary adviser to the Chinese Government, every month is asked from every member

and of Mr. Koenig,

to help cover the expenses of material, eto.

Ou the Hongkong C.C. ground, at 8.13 p.m., to-day-K CC. team: J. P. Robinson, Major Robertson, J. V. Braga, K. R. Macaskill, B. D. Evans, L. J. Blackburn, F. Sutton, J. C. Fletcher, M Cochrane, E. E. Green, Lennan, and A. W. E. Davidson,

ASSOCIATION FOOTBALL.

TO-DAY'S MATCHES,

The following League matches will take place at Happy Valley this after

UNITED SERVICES" LEAGUE.

The Chief Justice intimated that he thought, in any case, that the Magistrate Hongkong Volunteers v. R.G.A, Club should inform the fugitive. Whether it ground,, 4 p.m. Referee, Mr. F. W was fatal to the case was another matter. Wright,

Mr. Sharp went on to remark that if their lordships thought that the Magistrate had omitted something he ought to have done, what was the consequence? He sub- mitted that in such a case the proper cop- sequence would be for their lordships to send the case back to him to be cured. It would be a ridiculous thing, of course for the fugitive to have the benefit of a Magis trate's omission, and it would be a ludi- erous result if the fugitive was discharged by a curable omission by the Magistrate.

The hearing was adjourned.

SALUBONG THE FIRST ENOW.

Thursday brought the first snow of the winter. This was an unusually early fall Happily, the weather has not been too wintry, though the cold winds from the north have stripped the trees of their foliage and rendered them brown and bare Monday's unexpected rain was a godsend, as otherwise there would have boon plenty of dust in motion next day. DEIA VOLUNTEERS,

The Peking British Volunteers and the Indian troops engaged in field man. avres on Saturday afternoon and acquit Navy R.E., Navy ground, 4 p.m. ted themselves creditably, Middle-aged Referee, Mr. A A. Wilson. R. E. team- men surprised their younger comrades by Rogers Coxon and Boff; Brennan, the ease with which they negotiated Smith, and Richards; Johns, Townsend, garden walls, but most of those wht par ticipated in the final charge with fixed Beott, Wilkinson, and Pearce, H

bayonets were obviously out of form. By HONGKONG LEAGUE DIVISION II. the time they doubled across the ploughed Shropshire LL IL. Kowloon Dock held they could not have knocked over Juniors, Military grouad, 2.30 p.m. fly. Prior to the charge, one candy Referee Corp. Thornton, R.G.A. Kop Scot was seen to leave his position and, loon team-8. Moorsdeen W, Morgan on being asked if he were deserting and G. Best: F. Ross, A Logan, and replied: "No, but I am getting nearer Tima; C, Hedley, D. Purves, W. Ogley, to that temple on the left for which we J. Smith, and F. Cleme (Captain).

baye to charge.

Many kind gifts have already been received of bandage-rollers, gauze, cotton wool, etc a

Subscriptions are badly wanted and will be most gratefully received by Mrs.

is: Pattenden, 84, The Peak, who treasurer, or care of Messrs. Gilman & Co., Des Veux Road,

PRIMARY EDUCATION IN CHINA. The Ministry of Education has issued instructions to the authorities of the vari ons provinces to make an investigation into the conditions of primary schools according to the folowing(1) the number of pri- vate and Government primary schools in each territory, (2) the number of students in each school, (3) the number of teachers, their names and qualifications, and the text books used, (4), the financial condi tious of the schools. The results of the in vestigations are required to be reported to the Ministry within the course of two

months

IMPORTER

AND

HONGKONG.

EXPORTER.

SUPPLIES EVERYTHING.

Hongkong, 24th November, 1015.

of

Bovril develops big reserves strength

[1176

IT MUST BE BOVRIL

BRIT SH TO THE BACKBONE

SWAN

FREE.

FOUNT

PEN

DEFIES

HEAT

Its perf et fit and scieutile construction.

ILLUSTRATED CATALOGUE Preventing that annoying dogging and evaporation of the ink which attentis the use of the old-fashioned dip pen or the cheap end nasty type of fountain” pen The “Swan - kas a perfect ink-feed. is filed with a gold nit iridium, tippet), dom not link, mad is easily filled and cleaned.

THE SWAN

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Manufacturers, LONDON.

386-3