1918-05-17 — Page 3

Page

BIG HAUL OF OPIUM,

At the Hongkong Magistracy, yester day, before Mr. Dyer Ball, four Chinese and three men,—were, One woman charged with being in unlawful posses sion of 709 taels of opium, valued at 187,090.

Mr. E. J. Grist appeared for the Grat defendant, and Mr. Leo d'Almacs ap peared for the others. Inspector Wildia prosecuted.

THE HONGKONG DAILY PRESS. FRIDAY, MAY 17, 1918.

| MILLION DOLLARS OPIUM |MILITARY WEDDING AT ST, HONGKONG HORTICULTURAT

CASE

NEARING THE END

ARGUMENT REGARDING COSTS,

CROWN DESINES TO WITHDRAW FROM THE

CRIMINAL PROCEEDINGS.

ANDREWS, KOWLOON. DAVIES DUNBAR

Welshpool.

SOCIETY.

ANNUAL MEETING

St. Andrew's Church, Kowloon, was The annual general meeting of the the scene of a pretty military wedding, Hongkong Horticultural Society was yesterday, when Miss Alico Catherine hold yesterday noon at Mrra, Jardine. Dunbar, youngest daughter of the late Matheson & Co.'s offices. Mr. H _W. Mr. Benjamin Duubar and of Mrs. Looker, the president of the Society, was The question of costs in what is known Dunbar, of Wick, N.R., was married to in the chair, and there, were also pre as the Million Dollar opium case was

Lieut.. Arthur Stanley Davica, of the scnt Messrs. E. Ormiston E, B. L. argued before the Puisne Judge yesterday.G.A, eldest son of Mr. Joseph J. H Bowley, P. Potts, W. Sindair, E J. morning. Judgment, as is known, has Mr-Leo d'Almada, addressing the been given for the defendants and Mr. Davies, J. P.; and of Mra. Davies of Normla, L N. Leefe (Hos. Treasurer) Magistrate, said that before proceeding Alabaster, who, with Mr. Eldon Patter, is with the ovidence, he wished to state that, appearing for the defendants, urged that in view of what Mr. Wilden had stated they were entitled to all the costs of the at the previous hearing, he was instructed action. In that particular case there by his clients to engage counsel, as it was necessary to refer to certain points wete dozens of minor conflicts, the results of law, relating to the admissibility of of which established ultimately a general the evidence to be adduced. He did not cause of action. It would be impossible ask for a remand, but he wished to sayla upportion costs on each particular Those who succeded on the heading. that he was unable to secure counsel.

and H. B. L. Dowbiggin (Hon. Secre, fary).

The church was tastefully decorated. for the occasion with white flowers" and

ANNUAL REPORT. palms and there was a large gathering The report of the Hongkong Hartunl present, including Lieut. Col. Passby, turnt Busiety for the year ending 31st March, 1918, states that the annual Flower R.G.A., C.R.A China Cozómand.

The bride, who was given away by Mr. and Vegetable Show held in the Botanic 5. R. Aitken, was gowned in white Gardens on the 14th and 18th March was figured silk crepe, trimmed with georgette the finest ever held under the auspicca and silver beads. She wore a charming of the Society: Sweet Peas were very A Chinese Revenue Officer said that on Keneral cause of action were entitled in white hat, and carried a bouquet of pink strong classes and Pot Plants from

April 16th, at about 6.39 a.m., he wa2SA on duty on the Praya with his folis Seeing a cargo-boat lying off the Praya, he, went on board. There were only a man and a child there at the time In seply to a question, the man said that woman was the owner of the boat, nd he sent a boy in search of her. She arrived a few minutes later. Witness

the full costs. The plaintiff luid" not succeeded on my general cause of action and on the great majority of little sub faster his Lordship had not expressed judgment at all except as they could gather such judgment from the general finding for the defendants. In the eir tumstances he submitted that the order should be made for the defendants with

costa.

Mr E Jenkin, on the other hand,

told the woman that he wanted to search the junk. She did not demur to this." Witness found the opium concealed in submitted that the defendants should be five mat bags and a small basket, which deprived of costs on three grounds, first- were lying in the bottom of the junk. ly, because their conduct was auch that Witness then signalled for n launch to the proceedings had been rendered neces tow the boat alongside the Prays, but sary, secondly, because of their conduct the woman asked him to wait, stating during the proceedings, and thirdly, be that she wished to call the owner. She shouted out to someone in the street, and cause they had lost on one of the received a reply that the master would in the case. The law, he argued, was return to the steamer shortly. The man quite clear in the case of trial by a did not make an appearance, however, judge alone, that the costa were entirely so witness ordered the junk to be towed within the discretion of the judge who, to the Harbour Office. He telephoned if he pleased, could exercise that discre to Inspector Wildin, who superintended tion in a manner anfavourable tu thie the removal of the opium, which was stressful party to such an extent es to weighed. The woman then asked, wit practically deprive that successful party In this case ness to allow her to see the master of of the fruits of his succres. the junk. She took witness to a house the plaintiff was the Official Receiver and in Ko Shing Street, and thero met at was the action of the defendants which

an who conducted them to is house in Connaught Road, where they saw the second defendant, who pointed to the

third and fourth defendants and said they were the owners of the opium.

Mr. Leo d'Almada, objected that the the latter portion of the evidence was not adroissible.

The Magistrate over-ruled the objec.

tion.

had rendered that investigation not un- reasonable The

bereal question was whether there had been conduct on the part of the defendants which could be considered as having led to the

action

being brought and hut for which it prob ably would never have b 1 brought He submitted that there had been such conduct on the part of the defendants Mr. Leo d'Almada usked for his objec-and they could have no better guide to ruch conduct than the judgments given tion to be recorded,

Witness, continuing, snid that the by the variou, judges of the Courts in this Colony in connection with this second defendant informed him that a man engaged him to remove certain matr.- goods from the Tak Shan.

The Magistrate inquired whether there was any further evidence against third and fourth defeudnut.

Inspector Wilden. replied in negative.

the

Mr. Potter-ubjected that the statements made by other judges in what were really other cases had nothing whatever to do with the present casc.

Mr. Jenkin said he was not asking his Lordship to be bound by the opinions of Messrs. Grist and d'Almada cross other judges. He was asking his Lord- examined the witness at some length,

ship to hold that it was right in the Inspector Wilden said when he asked the circumstances for the plaintiff to have woman who it was that engaged her boat taken the action be illd because grounds she pointed out the second defendant, existed conducing to that action and and added that the third and fourth nothing more material could be consider defendants were the owners. Witnessed on that point than what was expressed questioned tho second defendant, by the judges during the winding up who said: Yes, 1 engaged her to proceedings by which the plaintiff was carry opium, but the third and fourth made the liquidator and was empowered defendants wold me to go with another to collect the assets by litigation if man at 8 pm and take a sampan. I necessary.

rosee. She was attended by Miss Mar

exhibita, for the most part, being of a Jorie and Master Laurence Aitken the Peak showed a large increase, the high standard. In the Table Decoration Lieut. J. P. Jones, R.G.A., acted as best man. The Bishop, of Victoria (Dr. Lander) officiated. Mr. A. Piercy pre-class there was a falling off there being sided at the organ and played Mendelsonly 7 tables. The entries numbered 918 son's Wedding March" while the slight falling off from last year.

register was being signed. As the newly-

A gratifying feature of this year's.

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wedded pair left the church they passed show was the raising of $763.20 for War under an archway of swords formed by Charities, thanks to the generosity of the officers and N.C.Os. of the bride members who sold their plants and flow- Hongkong Hotel who gava half the tes groom's regiment. A reception followed of those who bought them, and of the at No. 2, Knutsford Terrace Amongst takings. The abovo amount has been a large collection of presents were allocated to the Prisoners-of-War Fund, silver tea-service from the bridegroom's In view of the conditions under which THE IDEAL SLEEPING SUIT FOR THE HOT SEASON brother officers of the RGA, and a leather hand bag and a cheque from Mr. and Mrs. 8, R. Aitken.

Lieut and Mrs. Davies, will enand their honey-moon in Cañada.

MARRIAGE LAW REFORM. That jurisdiction to a limited extent. in divorto and matrimonini enseɛ, should for the accommodation of the working classes be conferred upon county courts and that desertion for a period of three years should in future be a ground divorce, are among the recommendatious made in a report just issued by the Par liamentary Committee of the Marriage Law Reform Committee. It is further suggested that the proposed bill might also contain provisions, with all prope safeguards, as to other married persons who have been, in fact, separated for prescribed period either (a) by voluntary but informal arrangement, or (h) by rea- con of incurable insanity. The committee contend that permanent separation orders should no longer be made.

the show was held, and particularly of the accessity for the change at the last moment from the City Hall to the Botanic Gardens, the financial result is considered very satisfactory.

The accounts show that the balance of General Funds in current account is 81,480,93, about 8300 less than last year.

The PRESIDENT, in proposing the adop tion of the report said it was originally intended to hold the lust Horticultural show in the City Hall, but owing to the then prevailing epidemis of cerebro- spinal fever, it was thought desirable to change the venue to the Botanical Gar- depa. It was fortunate that this was done, for the entries were ad numerous to make it doubtful whether it would possible to hold the show in the City Hall Although the attendance at the show was not so large as oir previous occa-

they could congratulate themselves on the financial results, which, he thought,

che show was the excellence of the were highly satisfactory. A feature- of The report concludes with the follow-bits from the Peak, undoubtedly due ing paragraph. It noed hardly to the long spell of fine weather. A suži added that at the present time, when the manhood of the nation has been depleted by the most terrible of war, it is excep tionally urgent, in the interest of the community and of the Empire, that no obstacles to marriage, such as those which arise from legal technicalities and pecuniary circumstances, should be allow ed to remain,

over $700 was realised by the sale of donated exhibits. He hoped that that principle would be extended in future and that all the exhibits, except those specially reserved on the entry forms, It was desirable to in- would be sold. create the membership, for not only would that mean greater resources and income, but it would ensure greater success for the show,

Mr. ORMISTON seconded the motion, which was carried unanimously.

ELECTION OF OFFICE BEARERS. The following were elected office-bearers for the ensuing year---

were determined to get the defendants at all costs. The real plaintiff, of course, was not Mr. Carpinael but Kiu Ju San. He has told lies which had induced the liquidator to bring this action supported by so much false evidence. The Attorney- General had expressly stated that Kiu la San was being held responsible for the costs of the Retion if they could get the ccats ont of him. He was the man

President-Mr. H. W. Locker, Hon. who was to be relieved by the present application. He was the man who was Secretary Mr. H. B. L. Dowbiggin; now being assisted. It was not relief Hon, Treasurer-Mr. W. M. Humphreys; from costs that that gentleman deserved. He deserved something else but it was Committee-Mts. Aubrey, Mrs. Newall, not his (counsel's) duty to enquire into Mrs. Taylor, Mrs. Harrington and those matters. If they came to look into

the merits of that action they would find Messrs. T. E. Pearce, L. N. Leefe, W. J. there were no merits.com Tutcher, E. J. Noronha and E. Ormiston-

Mr. Justice Gompertz: It seems great waste of money,

a

COMPANY REPORT,

CHINA FIRE INSURANCE CO, LTD. The Directors report for the presenta tion at the 49th ordinary meeting on May 23rd states

1815 Acconut-This account shows a

was to remain, on the cargo boat, white Mr. Justice Gompertz said he would the other man was to go on the Tak make a note of Mr. Potter's objection Shan, to get the opium and return to the and was inclined to think he was right, cargo boat. The third and fourth de He would, however, hear the opinions fendants denied this, but the third de Mr. Jenkin wished to quote and decids Mr. Potter We think it is, a vast waste of money, and we feel it a little fendant added that the second defendant inter whether they were admissible.

hard that the counsel, who are appear accused him because he had not given Mr. Jenkin then went on to show whying for the Attomey-General, should now came here and endeavour to prevent Biu him a loan of $200.

the defendants by reason of their con le San from paying the costs although as the result of the action the defendante were found to be honest while Kin I San was found to be dishonest. The defendants were not responsible for a single notion which might be said to have net profit on working of 8417,383.41, which induced Mr. Carpmael to take up this case. It was the other way round. The sum it is proposed to apportion us action was simply an ordinary black follows: mailing action brought against the de feadants with the idea of squeezing some thing ont of them, The only thing that differentiated it from other black mailing actions was that Kiu Tu Bag had been able to induce an officer of the Court, to be the plaintiff, If Kiu In Ban had actually apeared as plaintiff in this case would Mr Jenkin dering as he was have dared to make an application that he should be relieved, from paying costs, knowing all the time that the plaintiff had been found to be a perjurer and a blackmailer.

Mr. Leo d'Almada again objected to duct should be deprived of costs, and, the admissibility of such evidence.

finally, submitted that in any case they The Magistrate said it would be best should be deprived of the costs of the to consult the authorities on the subject.

issue which had been decided against The case was remanded till Thursday next, bail being granted to the first de- Fendent in 81,000, to the 2nd defendant in $10,000, and to the third and fourth defendants in $2,000-cach.

CANADA'S HELP IN SHIPS..

them.

Mr. Potter, in replying to Mr. Jenkin. said the case for the other side divided itself naturally into two parts, that the defendants should be deprived of the whole of the costs by reason of their conduct and that they should, at any rete, be deprived of the costs on one Sir Robert Borden, speaking in the issue. He submitted that if the plain Canadian Parliament in the debate on tiff bad won the action on some technical the debate on the Address, announced ground he (coansol for the defendants) that au expenditure of £5,000,000 on would have been entitled to argue that shipbuilding had been authorised for this the plaintiff should be deprived of costs Fifty steel ships would be con because the plaintiff had been con- structed next year. The orders placed victed of the most deliberate perjury by the Imperial Government through the in the cass. The whole case had been Munitions Board were for 43 steel ships, brought about by fraud, and conspiracy and 46 wooden ships. Twelve yards were on the part of the real plaintiffs who

Year

working on these orders..

Continued at foot of next Column.)

The argument was not concluded when the Court rose and it will be continued

this morning.

afternoon at the Magistracy the

Dividend of $7 und bonus of 88 per share on 20,000 shares

To add to reinsurance fund

at 3/

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133,333.33

To carry forward to under-

writing suspense account. 104,035.09

1917 Account The balance at credit of this account

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