1917-11-03 — Page 3

Page

INTERESTING LEGAL ARGUMENT.

HON. MR. POLLOCK VERSUS THE CROWN.

PRISONER "REMAINS UNMOVED..

THE HONGKONG DAILY PRESS. SATURDAY, NOVEMBER 3D,

ROYAL HONGKONG GOLF

CLUB.

THE CHAMPIONSHIP.

The programing for Sunday has had to be modified Thursfield, who was to have

MINISTERING CHILDREN'S

LEAGUE.

TODAY'S ATTRACTIVE

PROGRAMME.

SPORT.

BILLIARDS.

VOLUNTEER CUP:

The 88th Company made certain of There was a full dress phearsal at becoming-finalists on Thursday evening,

The Fall Court, consisting of the Chief / Played Leith, has had to scratch-owing Government House yesterday of the ente again winning all three gaines. Scores:

Justice. Sir William Rees Davies, and the Puise Judge, Mr. Justice Comperts, wa nceupied, for the greater part of yesterday "in-henring argument an fegst points arising out of a case at the

recent Criminal Sessions.

The case was one in which Kwong Fai, alist Kwong Tuk King, of the Hegge Fat

Pu (now defunct) was indicted för ge- manding money by tunnens | Tròm -a Chuine doctor. It was alleged that the prisoner on variens dates threatened to publish atter libelling the complainant unless the complaínnat_agrædio, adver- tisci The Attorney-General conducted: the prosecution for the Crown and the Hon. Mr. E. Pollock K.C., repres sented the defendant. At the outset M. Pollock raised an objection, to the form of the indictment. There was consider able discussion and finally the Puiste Judge decided that the argument should he caneladed before the Fall Court, and that in the meantime the case might con tim. Eventually the jury, brought in a verbet of guilty but the Puise Judge reserved his judgment pending the deci- sion of the Full Court on the legal torheicalities.

to his being transferred from Hongkong and Brayshay, who should have played Ritchie, has had to scratch owing to an injury to one of his fingers resulting from an accident at Belcher's It will be remembered that Brayshay retire from the competition list yen owing to an injured leg.

The matches have now been arranged

as follows:

9.30 am. S. Thompson . Dodwell, 0.35 a.. Edwards r. Sandford,

1.30 p.n. Leithr 27. S. Thompson* er

-Dodwell.

1.40 p.m. Ritchie-r. Edwards or Sand-

ford.

COMPETITIONS IN AID OF HEATHER DAY. The Club has arranged a series of com- Petitions for the week-end November

tainment which the children are to give at the Ministering Children's Lengue Bazaar this afternuen, and a more dainty and attactive glisplay it would be in assible to imagine. There is no douli that all who attend the gathering to-day

will be charmed. The children-and

85TS 10. R. G.A.

GARRISOS MILITARY

POLICE.

Sergt. Davis...200 Gr, Bunney Major A, J., S...

Reche-Kelly....200-

J31.

Br. Drummond. 200 Pte. Berry

Ptc Plaistow....126

CRICKET.

CRABOWER. RE,

This league fixture will be played

1917.

*INTIMATIONS

LANE CRAWFORD

& CO.

JUST RECEIVED:

A SPLENDID SELECTION OF

EIDER DOWN QUILTS

BEST

Thompson, W. R. Edwards, W. Pitt, A. MATERIALS

M. Grimmett and R. Basa

what a fine advertisement for the climate of Hongkong 'than healthy, happy, laugh, ing laers and good looks are--have been well trained and enter thoroughly into the spirit of their parts. The audience to-day at 2 p.m. on the Craigengower Jesterday was a large ore comprising the

ground Craigengewer team L A. Rose, T.-F. Thompson, W. Grahun, T. worker for the bazaar, the relatives of Ford, D. K. Kharas, J. D. Noria, F. the performers and nung men from both Services. The mothers may have been biased so that their opinions need not for the moment by considered but the K.C.C. MIDDLESEX REGT. soldiers and sailors were sterner trifies

they, che and all, were delighted, today, at 2:5-p.m., Kowloou will be re- In this league match at Happy Valley

Their interest was aroused from the compresented by 3. P. There will be a Running Pool Compe-mencement and they all joined lustily in Stalker, P. R. Cobb, A. de Sousa, K.

Robinson, $27.50 tition for ladies over the Relief Course the pairistic songs which came as the Pestuanji, F. Wheeler, C. J. Stapleton, L. In addition there will be a Mixed Four-finale, and such a hold did it obtain that E S. Hodge, H. Overy, W. T. Elson, somex competition on the Monday after- noon over the Big Course. There will be

and D. J. Mackenzie. no entrance fee for the Mixed Four- somes but a charge of five cents will be mad for each stroke of the net

to 12th in aid of the Heather Day Fund. Sixty per vent of the proceeds will be given to the fund,

score.

A fine will be levied on those players who fail to return their cards, so that no one will be allowed to escape. »

they continued to whistle the time as thes subsequently made their way in small groupe back to barracks.

K.C.C. (B) v. A MILITARY TEAM.

Yesterday the Hon. Mr. Pollock point. ed out that the indictment comprised no less than seventeen charges altogether -Seven charges in the first count of the. indictment and five charges in each of the wond, and third counts. Ther, had been an argument before the Puisne Judge as a result of which is Lordship. reserved two questions for the decision of the Full Court-- whether it was wrong to wad the indictment to the jury as out oulious action and, if so, whether the

ASSOCIATION FOOTBALL. psister had been prejudiced in his defence and should be discharged; and

Local footill is now in full swing and, secondly, whether the indictment was by reason of duplicity, duplicity mean

as naturally and as ufcely as all well with the exception of the R..., all the In the course of further argument Mr. Ered faires do. They were Nellie: Reyerous football. It is, of course, much first division teams have been seen in ing the including of different offences Pollock referred to the fact that there noids, Giugie: Sanders, Ruby Young, too early to form any opinion of the under one single cut. It was alleged wore three distinct doguments put in that the prisoner had demanded money during the hearing of the case, each neyvie Young, Naomi Joseph, Ellaline merits of the respective teams, as they by teares OU no tess than differnt days end Mr. Pollock argued madd

seven alleging to show that threats had been Osmand, Amy Stonham, Violet May, pris for a team to become early gad jury were satisfied in their own minds the charges were distinct and separate.

supported his contention that Julia Guttierer, Patricia Remedios that one single item in these seven -

charges

The Attorney-General submitted that it was established they would presumably was not a find a verdict of guilty because they was whether or on of time, or place, 16 Daris Windebank, Betty Hammond,

question

In this match at King's Park today, Mrs. Hay and Mrs." Aitken who were

ponsible for the whole arrangements, at 2.15 p., the Kowloon eleven will be for training the children and designing composed of the following:~/. H. Moud the costumes and the wetting for the (Captain), Dr. C. Forsyth, I. E. Lind- sell, L. F. Shroff, A. E. Schük, F. Meade, Full particulars of the competitionsmented upon the artistic success achieved. A, A. Birnie, and H. 8. Rouse.

various scenes are to be highly compliD. Nicoll, E. J. Edwards, S. E. Green, will he found on the Club Notice Boards, and cutries for the Mixed Foursonies

The opening is a bailet from A Mid- K. Brayshay, who is in the last eight the purpose in the pavilions. must be made on the forms provided for summer Night's Dream and it was im-for the Golf Championship, had the mis- possible yesterday to detect a false step at drill at Belchers, and, in consequence, fortune to jujure one of his fingers while

Phyllis d'Almada e Castro, Dolly Razavet sity in their cricket match against Civil The four dancers Elfrida Osmund, be, will be unable to play for the Univer

Bervice this afterntion and Mari, de Souza danced as gracefully as the wood nymphs, themselves and the fairies carted here and there and behaved

jury wore asked to give a verdict on the count as a whole. The question is whe ther that is correct or 10. Before going with the form of the indictment I would into the facts of the ease and dealing like it to be understood that I, do not admit that the Full Court can usirp the bad functions of the

jury

"That this was fear, duplicity.. If the docune contended that these differerti

or

one transaction and

Gertie Simmons, Kathleen Simmons.

Aida

had been hit by one of the seven therefore one offence. The were fact that Weill, Phyllis Good-all, and Mellie

have not yet had time to settle down pro

it is necessary as the sucees; the Shropshires proved last year for them

would consider. so to speak, that the combined to tot all the circumstances Rose, Violet Capell, Flo Rodney, Sugest year was a

The Puise Judge-The matter went were spread

over more than d'Almada e Castro,

charges.

the

Walk

to the Jury as one continuous transaction

was no case of duplicity in the and I asked them if, during the whole of one continuous offence and it could be so

On the evidence this the time evered by the dates on the treated. They jury were asked to say indictment, the urisoner had been de- whether they believed the evidence and, manding money by use of the time if so, whether they thought it was one would enver the whole of the time transaction. The verdict returned was if they had found the prisoner guilty a verdict of guilty and that could only on one of the charges and not upon an- other they would have said so.

mean that the jury replied to the question in the affirmative, Hon

Pollock-Your Lordship had conclusion yourself that the

I. Mr. Pollock-The mere fact that Corne to

a man is tried on. charges of a similar matter might he treated as a continuous nature does not make it a continuous transaction, The

uestion was never charge. If that was si oue maa might mut to the jury. The jury were never be able to charge another with larceny asked if in their opinion, it was one extending over long periods, contimaus trapunction

The ques The Puise Judre. I think it came to with Country must not be confused

His Lordship Addressing the Jury. I said. If you Puise Judge made up his mind that all thas, add the whole of this time the documents produced by the projecu mas

the the prisoner was trying to get money out tion would have to go before the jury. of the complainant, von will find him His guilty."

made up his mind as a I think those were my worde

the ease to the jury The Chief Justice ift eins to me the question as to whether these things were

statement. The Puisne Judge That is right. one continuous transaction or not is a Hon. Mr. Pollock--The jury were not matter for the Judge and not for the Jury

given an option. The question, I submit, follows:--Now gentlemen, do you con- should have been addressed to them as sitter these threats were a continuous threat or do you think they were separate Mr. and distinct threats

יו

Hon. Mr. Pollock-My point is that it is really a case for the jury. It must ba left to the jury to decide whether the

transaction is continuous or not. Pollock then quoted various authorities in support of his view and submitted again that the question of whether the threats were separse threats or consti tated on continuous threat was a que tion of fact for determination by the jury and not a queation of law for deter mination by the Court.

дл

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seriousness of

Price

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ALSO A NICE RANGE FOR COTS.

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ENGINEERS & CONTRACTORS.

GENERAL EXPORTERS and IMPORTERS.

MANUFACTURERS' AGENTS-

Hotel Mansions.

to continually play together. Nothing upsets

ย team. So much 13 con- stant changing. The Artillery team the disastrous effects of this policy. good example of

They were unable to decide on a forward

devoted to Gwen and her birthday party, finest defence in the Clony and a for- The second part of the programing is players, with the result that they had the Jine and kept experimenting with fresh with Given Stedman playing the part of war line that was not worthy of a second the hostess and a very charming hosters she unable to turn out the same team twice

division team, looked dressed as an Irish collera, with running, and in consequence were at the The Navy, also, were her long golden hair and bare legs. Annie bottom of both leagues. The sappers and Millar was the first to contribute a song the K.S.L.I., on the other hand, managed for the enjoyment of the guests and to play practically the same team all the Veronica Butterfield attired as a hos-season, and the result was that the pital nurse followed with a recitation Engineers won delivered with perfect enunciation for Suropshires the other.

one league and the which she was loudly encored. There Last week the Club turned out with was an interval for a dance in which a teans that looked a very poor one on the Bells-Violet Sutchie, Pearl Ogilvie paper, and it was rather a surprise to the Fairies-Marjory Aitken, Gladys up such a good show as they did. T Peggy Searle and Bertha Terrant and mest followers of the game that they put

Martin, took

Edith Birsa and Betty Morrows they are fielding what looks like

part and then Shaila Tisdal could not be repressed will need scams remarkably clever for little a very formidable side, and the Navy any longer but came bounding to the wards to beat such a combination as front of the stage with the announcer Rodger, McCubbin and Stalker. The way guing to sing sailors are stronger this year than last, and was not going to wait for her and should give the Corps a good game.

pportunity any longer. There was no The defence of each side should be able Sheila and the expectations aroused by scoring game should result. trace of shyness or stage fright about to hold the opposing forwards, and a low her content bearing, were not died in the junior division, and, as all their

disap

The Middlesex Reserves meet Kowloon pointed. She sang very nicely matter and decided to put the caso as I dance was a distinct contrast to her pre- senior livision) the soldiers should have The Paisne Judge-I considered the and had to respond to an encore. Miss first division players are available (not did.

Joan Arnold who next contributed yet having played two matches in the Hon. Mr. Pollock-Really, the jury: decessor. She realised the have to be asked the question. If they the part she was called upon to fill and

no difficulty in winning." held they were not continuous the count was a stately and dignified performer. between the 58th Co. and St. Joseph's, The other second division match is must be bad.

The dance was The Chief Justice How would you this account, however. It was inost akik gle, but, as the gunners, like the Middle- none the less pleasing en and it should result in a great strug- The Chief Justice-The a threat on a particular day. Bertakes suggest the jury ought to be consulted? fully exeated and the encore she received 1st. He again sees the prosecutor on have been asked the plain question wie Murphy, N. Pearce, B. George, P. Ogilvy, players to draw from the St. Joseph's

Hon. Mr. Pollock The jury should was rich

richly deserved. Then came K.ex, will have some of their first division September 12th, and says something else they the threats formed ony continuous E. Birss, M. Scott and V. Satcliffe re

question then for the jury is whether

team will have to play very hard to win. threat, or were what he said on September 12th had any different dayparate threats made on presenting the days of the week and thing to do with what he said on Sep-

TO-DAY'S MATCHES. finally a patriotic song and God Save The Puisne Judge After the jury had the King." tember 1st. In that case certainly it is heard the evidence this question should which the organisers should be more than It is an entertainment with on of fact..

Mr. Pollock-That is exactly the

be

satisfied for all who witness it wilubb Mr. Pollock-Yes. point.

more than pleased. The Chief Justice-Presumably on their decided. that they were separate offences The Puisne Judge And if it was finding jury, said it was one trans the man ought to be acquitted!

the action.

Hon. Mr. Pollock-I do not think the Crown had kept to one charge doubt Hon. Mr. Pollock-Yes, that is so. If anyone can say what the jury meant. would have risen as to the admissability Continuing, Mr. Pollock said it was not of evidence. necessary for him to go into the question offences it is quite obvious that the jury athlete and one of the best known, mem-

It they were separate of deposition. He was not asking their must have been influenced in fuding bers of the Shanghai Police Force, was Sgt. Con Hamilton, the all-round Lordships

decide on a matter of law. whether the charge was proved on one What he asked was whether the question of the days by evidence, referring to an- of the continuous threat was not a matter other.

abot on the night of the 24th wit, in Yates which the jury had to decide as a

road, Shangha.. Sgt. Hamilton was in tion of fact on the

ques-

Paisne Judge The prisoner had command or search party, the busi evidence. The Chief Justier That is not the

the right to be tried on the charges ness of the party being to stop Chinese Win, Dowell, Ltd., have an intere In connection with Heather Day," point reserved for the consideration of whether he had been prejudiced in his

separately, and the question would be. en foot and in reshas and to search themesting window display. It is intended. this Court pollock-The poi

for arms. One of the Chinese stopped that the Day's receipts shall benefit Hon.

defence. the consideration of this Court was point left for

drew a weapon and fired at Sgt. Hamilton materially by the sale of little articles Hon. Mr. Pollock-That is so.

at about 20 feet range. In spite of his made by the Scottish women of the whether the learned judge was wrong in to consult the authorities which had been and returned the fire but missed. The but a preliminary effort, testifies to the The Chief Justice stated that he wished wound the Sergeant drew his revolver Colony, the display in Powell's, though leaving the indictment to the jury as quoted during the argument and he Chinese fired again and Sgt. Hamilton ingenuity of the ladies. Next week ford judge cans transaction. The would therefore reserve his judgment dropped. Sgt. Hamilton was first taken there will be a much larger vnd more

ed cannot possibly ask for a It should, however, be delivered as carly general verdict on all the charges in the Indictment relating to seven distinct n possible.

to the Country Club and then to hospital, varied show, The articles on view now days unless be leaves the count with the stood stolidly

The prisoner whose liberty is at stake his right chest and the other his right swing, which is to be raffed. There are It was found that obe bulles had entered confprise a charmingly dressed doll on a Seven separate charges to the jury as one the day making neither sound-nor-move side, above the bip From the first his also little Scottish silties, in full regi

in the dock throught Therefore my point is absolutely covered ment. He does not understand the Eng condition was regarded, as serious and he mentals, dollies in losg clothes to be used as the be that My point was that the Crown fish language and can therefore scarcely died the following day. The murderer as safety-pin holders at pin botes, pin should select one of the charges. The be expected to appreciate the somewhat fied as soon as he had fired the shots, endoushions in a variety of designs, Lock O chose to go on without selection. The intricate points of law which have been

(Continued at foot of next Column.)

no news has yet been received of his the North, teapot holders, rozettes, Bests. advanced on his behalf.

captare.

The

MURDER OF A SHANGHAI POLICE SERGEANT.

UNITED SERVICES LEAGUE. Navy H.K.D.C.-Club Ground. Kickoff, 4.30 nm. Refere, Mr. F. W. Wright.

DIVISION 1

Middlesex Reserves, z. Kowlo-.--Club Ground, Kick-off; 3 p.in.

88th Co. B.Q.A v. St. Joseph's College Navy Ground Kick-off, 3 p.m.

WHEATHER DAY."

terriër pen wipers, keto,"

Telephone 1990.

[1185

Powell

TELEPHONE 346

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