1915-12-25 — Page 7

ALLEGATION OF ULTERIOR

OBJECTI

Now there is some difficulty in reconeil ing the language of Lord Russell with the fact, that the not according to his own in- torpretation expressly allows the fugitive to prove the existence of an alterier abject for his extradition; and such an ulterior object being inconsistent with the resty clearly involves an imputation of bad

faith,

This allegation of ulterior objcon is what sub-section (1) expressly empowers the Court to investigate, and I think the probable explanation is that Lord Russell was rather laying down the limits, dictated by the canons of good taste, in criticism of the actions of a friendly government, than sooking to construe the ipsissima verba, ex the section itself. must be remembered that the third ground ex- pressly alleged that he demand was mude in good faith and in the interesin of justice,

THE HONGKONG DAILY PRESS, SATURDAY, DECEMBER 25TH, 1910.

In an allicial reply dated 11th Novem ber, 1914, there appears the rebel leader Hung Shiu Luni was wourded and fed to wards Sam To Chuk.”

In an official telegram from the Blitary Governor dated 11th November, 1914, states The rebels have taken possession of Sam To Chuk."

In an ollicin notification of reward dateri

24th November, 1914, the fugitive is styled "Tiebel Hung Bhar Lunative is at le

In the Governor's notification of 12th January, 1915, it is sed the certain por- sons were requested to join Hung-Shui Lun, Tang Kong and other rebels to start the rebellion by rushing upon the garrison and seizing rifles in To Chuk Hui (which an aling of San To Chuk on the 1st day of 11th moon" (1st November, 1814).

Well now the alleged murder is said have taken place on 1st November, 1914, and strong comment has been made by the defence that in none of these documents asking for the arrest of the fugitive is thero any mention of the inurder or rob

extracted, so as to provide entries for the Kwai Chow year. This allegation of fraud: was strongly persisted in by Course for tho fugitive, and Mr. Melbye went inte the witness box; and the opinion which I formed was, that although great suspicion s would justify us in holding the allega may at ach, there was not. Suficient pro tion proved, Maj

Thig incident, however, has to be con sidered with the evidenco as a whole, Mr Melbye stated before the Magistrate, and in reply to him, a follows, When I went to the Tung Lt cofur shop, I asked the man there if he had supplied elint the Tai shop for a man caled Tang Yung on the 14th day of the oth on last year. He said he had not done su He offered to show me his book and he turned up the page." This evidence coupled with that as to the books of the alleged coffin maker, which I have dealt with, called I think for rebutting evi dence from the man himself. It was not unfairly contended that the witnesses

UNCLAIMED TELEGRAMS. ASAHI BEER.

The following is a list of unclaimed telegrams lying in the Grost Northern Telegraph Company's office at Hongkong ---

ADDRESS Kogakikuje, do Matanbers

FROM

Botel

Dairen Bien Hongkong Hotel .... Amos Miss Reed, Hongkong Hotel... Shanghai Kwangzlangsung, Vangsang St. Shanghai Fook Hing...

Osaisa Tsushima

Amarabo Maisnebite, 90 Osaka Shoren Osaka Matsu Jaganese Consulate

General Woo, Kwangial Godown Sennaki, c/o Talkeiyako Hunbeechan

..... Tokio

Shanghai

Tanbukido mari Amoy

The following iss lat of unclaimed telegram e lying in the Eastera Extension, Anitialatio anc China Telegraph Company

at Hong kong

FROM

bery by the tugitivo at Sain, Te Chuk, Thu from Sam To Chuk was not available | A. Abraham & Co.

Sir Francis Piggott in his work na extradition docs with Lord Russell's judgreply of the Crown was that the documents mont in erience, and gives the following were promulgated too soon to allow probable explanation of it..

of the report of the murder be "Therefore, while the prisoner is allowing officially received. The fugitive's ed to allege auch an ulterior motive, a rejoinder is that the official notification suggest that the requesting Stato is try of 12th January, 1515, was more than 2 ing to go behind the treaty, by goiting months after the alleged murder and cnn. hold of the prisoner for ous offence in tained no reference to it; and this was some Iwo months only before the arrest of fact with a view to try him for another, or to push him for a political offence the fugitivo. in respect of which extradition is express. ly forbidden, yet he cannot be allowed to put it in so crude a form as an allegation that the domand is not made in good faith The Courts could not allow so plain a fact to be stated quite so, baldly; for the obvious reason that, if onos a lepartare from the words of the treaty and sta'uts were snelioned, such a suggestion might bis made in any case where a political offence was not in question. If the scept ed cnstruction of 8. 3 (1) is sound, the words do sanation the proof of an ulterior object, thos is, a bad ulterior object; na I do not think the expressions which foll from Lord Russell, go further than the above explanation of them on can be understood to whittle away the provising

of the sub-section."

Those documents can have no doubt b that up to January, 1916, the fugitive was required as a rebel and political oriminal. if such a term is apt. It also demonstrates, whatever may be the truth as to the allege murden and robbery at Sam Chule, tha no reference to it is contained in the dom ments in question, although the actions of the rebels are in some instances referred to in detail, and particularly in the later document of 19th January, 1915.

MAGISTRATE'S OPINION!

JUSTIFIED.

Then as to the evidence bearing on the aged murder and robbery. There is the Lusual conflict of testimony, unhappily so

common in these Courts where gross per- Jury bay taken place or one side or the ather. Has the fugitive discharged the on as of proving his allegation?

to

the fugitivo; and when the case had assumed the position of challenging the entire story it is reasonable to suppose that all the resources of the authorities seeking rendition would be exhausted, CRAVEST SUSPICIONS ATTACHED

TO CROWN WITNESSES.: It is unnecessary to go further into the details-I have dealt" briefly with the salient features of this sordid story. The conclusion at which I havo nerived is; that whilst the gravest suspicions attach, as the Magistrate has already found, to the Crown's witnesses from Sam To Chuk that the official documents which offer every possible inducement for the arrest of the rebel," and are entirely silent on the alleged extradition crime, can leave no reasonable doubt as to the reasons which prompt the requisition for his surrender.

The aw places on this Court the duty, of giving a finding on this issue and I am of opinion that the requisition has heen made with a view to punish the fugi tive for en offence of a political character, I use the word "punish" advisedly, ne there can be no doubt that in performance of the engagement given by the Chinese authorities, he would be tried for the. crime on which the surrender is de manded.

Well then as to the construction to b placed on sub-sections (1) and (3). There

The Crown called a number of witnesses On the further question as to the ultra is nothing in the language of the section to justify the contention, that the statutory from the village including the master of wires of the Ordinance The subject was power conferred on the Courd by sub see the oil shop, who swear definitely as eyo fully considered in Iu Ki Shing's case tion (1) to: investigate the fugitive's plea witness to the murder of the cook by the H.K.LR. p.20 and is apparent y covered ss to the grounds of the requisitions fugitive, and to the robbery. These witby the decision of the Privy Council in for his surrender, is limited by or nesses were all subjected to a searching Attorney-General of Canada 2. Cain 1800 subject to the provisions of sub-cross-examination before the Megistra A.C. 642. It is unnecesary to say more on

and he says in effect that he does not be the subject. section (3) If it were otherwise the see tion would say so in express terms. And lieve them. In other words this is a find

my

probable solution, that whores sun be in

sub-section as a jury trying the allegations of mur

ADDERSS

...Celcatta Broadley, Carlton Hotel Shanghai. Barill Calcoy

Baigon ...New York

Гвоспрои Singapore London

Lloyd, 17, Queen's Boni Loo, 27, Tighten Hill Road Hanoi Manp, Fastern Extension Mazesring

... Shangbai.

Oakland

Mrs. Nicholas Pest Ofos Rice, efo American Consul Singuenhan c/o Teechung & Co. Shanghai Toney, Standard O

Manila Wantfong

Birgapore auda Tokyo Yerlong, Kamyvetong

Hotel

די

Daiva

Singapore

WEATHER REPORT.

On the 24th 10.45, at . The anti-cyclone has moved rapidly eastward. It is now centra over mid Jaque

A depression has moved over S.B. Mongolia. Pressure changes in the Sonth are small.p. The monsoon is interrupted to the north of Sharp Feat It will remain fresh over the China Bea

Hongkong mininil for the 24 hours ending at 10mm to-day, 0.00 inches foragtens

The fornemst för the 24 houry ending at noon today fa na follows:

DISTRICT.

Hongkong & Neis Formosa Channel

KOZECASZ. INE winds, mo- "[derate; fine;

The same No. 1.

... Lamooka, Both court of Chinn between. (Tha Hongkong and Heimen,-{

Hongkong and Lastocks (... No. 1

ing by the Magistrate that; if he were git-bolt, opinion the Rule must be made 1) defines the powers of the Court pridder and robbery, he would be obliged to Mr. Justice Gompertz also delivered a to committal sub-section (3) give effect to reject the evidence. I have read the evi- very lengthy and learned judgment, a dence of these witnesses, and I think is summary will be published in our next the forms of the Treaties by affording a protection to the fugitive after commital, surrounded with such grave doubts ng tissue. and is a matter appertaining to the swefully justify the opinion which the Magis trate has formed after hearing the it governments concerned, I may add in re ference to Arton's case that the arrangenesses, ment required by the English Act sec, (2) is given in the French Treaty of 1873 Art, V

The Court directed that the fugitive should be brought to the Court from THE BURGLAR'S CHANCE! Victoria Gaol, and subsequently Mra Justice Gompertz told him that as a result of the judgments that had been delivered he was to be discharged from custody.

The fugitive then left the Court, in company with his solicitor, (Mr. G. K. Hall Brutton), and followed by a very large number of Chinese who had attend

AN INVENTED " MURDER, The position which the fugitive takes np is that the whole story is an inventing The position I think may be summarised That there was no murder; that the she as follows: The findings are for the in question-the U This not in fact as Court; the surrender for the government oil shop, bu a silversmith's shop; that It was also pointed out that the Court's the cook if he ever existed was never investigation under sub-section (1) is killed; and that the coffin and grave areed the Court. limited to the question of offences of a purely mythical and simly the finishing political character, or na extradition touches to adorn the tale, Such a plot, as crimus; whereas the undertaking contem- alleged, if it were not seriously put for plated under sub-section (3) is general toward in a case of the highest importance would savour more of comic opera than any offence.

ciden's in real life. However we have to kleal with the facts og they are,

THE MYSTERIOUS U TAI OIL

NO WANT OF BONA FIDES IMPLIED.

1 am clearly of opinion that the under- taking given to the executive authority is

no bar to the duty which is plused on the

SHOP.

In regard to the U Tai shop it was visit.

Not so long ago a gentleman in pru. secuting a burglar, told the magistrate that he was the most unfortunate person in the world in the way he had had his **This is the third house broken into. time within 18 months, he stated, "that I have been unlucky enough to have a burglar in my house."

Detectives were waiting outside, how- The magistrate looked sympathetic, hat ever, and Hung Shiu Lung was fear-asked the police the reason why barglars rested on a deportation warrant. It was locked to the house like moths to a A detective quickly explained feared that trouble would haue. One candle. Chiness, it is alleged, did in fact strike that it was not the least bit surprising. one of the detectives, and was marched The fact is, he declared, we are up to the Police Station, in custody. The always warning him against leaving his police harried their men away, and there windows open and his front door

unlatched. was no further trouble,

CHURCH SERVICES.

You see what seemed sheer had luck was wholly the fault of the gentleman who complained. Can't the same thing be said of many sufferers from Indigestion ? They persist in neglecting the warnings Nature gives them. By inattention to ST JOHN'S CATHEDRAL, Hoogkeng 25 the most ordinary safeguards, they allow this complaint to get them into its grip. munion (7.45 a.m.) Istroit sud Excersion: Of course you can't help but feel sorry fore it imply no want of bona fides on the part of the high official, who has given the

Hyms : Hymers, 62, 322, 558 (4), and 65 for the victims of Indigestion. They rise -assurances, based undebtedly on repre- the 20th July some 3 weeks Inter. He also Service Merbecke. Bop of Viatoria, is the morning tired, and are dull and

Matins (11) 8.1. sentations made to him from, what doubt loss he regards as, trustworthy sources,

Then as to the facts":"

findings of the Court on the evidence bas of the shop and its surroundings which December, 1914. Christmas Day. Hos Com Then they whine about their bard luck

We have first of all the opinion of the Magistrate on the witnesses called by the Crown, whom he had the opportunity of soring and testing their demeanour in a very lengthy hearing. He says: I do not myself believe in the guilt of the an cused. I question very seriously the band fides of the witnesse, called for the Crown from Bam-To-Chrk.

Responsen,

19 heavy throughout the day. Their tongues Food neither tempts the are costed appetite, nor has relish when it is eaten. Frequently Most meals are succeeded by the distress of stomach or bowel pains.

There may be the sickness follows. discomfort of flatulence, acidity, or

Celebrout.

Venita Crutch; Festel; 45 and F; Te Deum, Oakley in F; Jubilate Ayrton in E; Anthem, O Zion that bringest glad idige Stainer; Hymes, 60 and 62. NB: Psalm 19, verses 1, 7, 12, and 15 in unie on Psalm 4 verzes 1,4,7, 11 and 18 in unison Palm Termes 4,7 and 13 in unison, Hymns, 62 verso 1, and 6 unison. Preacher

ar Copley Moyle, Culestion for the Diocoran Girls School, Holy Communion (2 Noon).

heartburn.

Court of investigating the allegation of theed for the purposes of this case by one of fugitive. In so far as the undertaking the solicitors for the Fugitive, Mr. Hind, which is before us is concerned, it is nu and his cerk on the 6th July and it then part of this Court's prerogative to deal bere, they say, the appearance of a silver- with it, I may observe, however, that the smith shop. They produond photographs entirely differ from what was seen by In apestor Watt when he visited the shop on produces photographs of what he saw, and states the shop, was an of, and bean shop Ho stated in cross-examination" It was in my mind that the shop might possibly have been made up for the purposes; and I examined accordingly. It appeared to be doing very little business, but ather wise to be an old established shop." Now

Those are a few of the symptoms when is was admitted in the course of argument that the premises visited by Mr. Hind and

stomach, liver and bowels are allowed to get and continue, out of order. Be sure by Inspector Watt were the same premises; and this is a point of great importano ST. JOHN'S CATHEDRAL, HONGKONG.of this, every day they are neglected only in the fugitiva's case, and there was no lat Sunday, after Christmas, 26th Decem- makes the trouble more serious. Why not suggestion that eiter of these witnesses is ber, 1915. Holy Communion (9.5 am) keep a tight hand on this burglar of your not giving on entirely necurate version of Matins (11 m.) Responses, Festal health by taking Mother Seigol's Syrup 1 what he saw. The question is whether the Venite, Reinagle Penims, of the 26th Nearly half a century's success has made contents of the shop had been so that the morning To Deum, Woodward, Smart, its merita as a digestive remedy: a house. matter is open to the gravest suspicion. Turle Jubilate Goodson; Hymns, 19, hold word

Belkedetty k Then as to the alleged death and batin 58; God Save the King Eversong (1:45 This letter from Mr G. Petzer, 10, De of the book, Chui Yuk, who was the owner pin.), Responses, Festal, Psalms, of the Bear's Road, East London, Cape Pro of the shop, was recalled by the defence 56th evening; Magnificat, Turle (2nd vinge, on September 3rd, 1914, is a won Nano Dimittis, Tallis (2nd derfully fine illustration of the lesson we He leaves nothing, to God wish to enforce that he paid for the dead cook's funeral, morning); He gave the name of the man who supplied rest you merry gentlemen the coffin and the place of buria); and Inamps; Hymns, 482, (298), 439 N.B. Mother Seigel's Syrup, and now always spector Wat says he was shown the grave Pecim 110 veze 143, 149, 351, 156, 159, keeps it handy and produced a photograph of it. So far 164, 166, 172, 175, GP in unison Hymn one would have thought this evidence was 439, verses 1, 3, 7 in unison. Carol all sufficient; but the defence pursue the verse 16, full harmony, 3. A fall point further by a visit to the cemetery, unison. Carol, verses 1, 7, full har and by a scrutiny of the books of the coffin mouy, 3, 5, full unism, and Carol, 3 maker Mr. Melbye, s clerk of the fugi- verses 1, 5, full harmony, full unison. tive's solicitor, says that he searched in ST. PETER'S CHURCH, West Folat X'na vain for a grave stone with the name of Day 25th December:.m., Holy Communion Tang Yang upon it. The exploration of 11 cm Morning Prayer And Sermon the prosecution is I think that he searched Preacher, Rev. WT. Fasthe stone.

Now the Crown's case sa to the alleged murder and robbers is based, I think, entirety on the evidence of the witnesses from Sam To Chale; and if their evidence is fee it mounts to a conspiracy to con-

vich this man of an offence of which he is innocent; and I think no jury could have

tated such a conspiracy

the least doubt as to the motive which die after the close of the Crown's case, stated evening)arlos, The first Noyeler chance. He has proved the efficacy of

"A REBEL OF THE WORST

KIND

It is admitted that the fugitivo is a pols tical rebel. That he took an active part with Chan Kwing Ming in the revol

against the existing President of the Re public. Thus he was at Sam To Chukas Commander in Chief of the District of Weichow at the time of, or about the time of the alleged robbery

Various official documents from the Government Gazette of Canton, in the as ture of Proclamations addressed to the in the wrong part of the cemetery, or 22 Sheday, after X'mas, the 26th December public bearing on the sctions of the "ro- the wrong cemetery Ther he states e beli, 2 were put in evidence, in all of wale went in company with Mr Hind to-the-8, Holy Communios. 11 s.m, Morning this man is stigmatized as a rebol Tung La, where Chu Yuk says he obtained Prayer. X'mas carols will be sung at bir the worst kind. It is unnecessary to re the coffin; that be examined the books for service. M fer to them in detail.

the Kwai Chow year and found no entry In the Proclamation issued by order at

of any coffin having been supplied for the President on 25th March, 1914, asking deceased man named Tang Yung; nor was for the arrest of the criminals, it is stayed there any entry of a soft beitig supplied to the U Tai shop or to Chiu Yuk, on the that the fugitive, together with others, had boon brought before & Court Martial 14th day of 9th moon last year (1st Novem- anut sentenced to death www.ber, 1914) He adds that he made a copy of the cover of the book, which he producat In an official telegram to the Governo. Further when the shop's book was subse PEAK

Hongkong. Holy Com General dated 18th November, 1014 torqueally produced efter the visit of In maston & Carols will be wang after fugitive is referred to the revolution specter Wat he alleges that it had boon Evensong at 645 pm, in the C'affadrat, e ary leader Hung Shin Li

tampered with, entries inserted, and pages tusday, 26th December,

UNION CHUBOR, Kennedy Road, Berrics on Christmas Day, at 11. Hymns 1, 523, 28 and 36. Proscher: Rev, Kirk Maconselie 'UNION CHURCH Ropped Rend. Sanday, 6th December Morning Bervice at itam Evening Servios st 6 pm. Collection for Sunday Schools. Froscher: Rev. J. Kirk Masonschen out th

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"THE HONOKUNG WEEKLY PRESS &

CHINA OVERLAND TRADE REPORT. now ready and contains Far Eastern News.ATT Hongkong. Appointments,

Lending Articles:-

The Emperor's Flection.

The Hon. Mr. Pollock's Questions, Germany and Japan.

The Press Censorship.

Hongkong and the Call for Recruits. The Late Sir Thomas Jackson.

Sungala Rubber Estate, Ltd. Random Reflections.

Ewo Cotton S and W. Co.

Bailways in China, Amberet Rubber Estate, Ltd. Ayer Tawah Rubber Co. Currency Reform in Chira. Shanghai Klebang Rubber Estate, Ltd. Oh! What an Afternoon. Volunteer Reserve Court-martialled. Presidential Mandates... New Harbour of Refuge. Prince of Wales Fund, Garments for the Troops, Kwangtung Flood Relief Fund. St Vint de Paul Society, Yuan Shih-kai and the Throne. Carton Notes. Canton Notes, Company Meetings:

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