1918-09-18 — Page 3

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EN CABLE

FAR EASYS.

THE S

N. CORRESPONDENT.]. PITON IN SIBERIA. Paxisa, September 15th. an Government has present-i The Sim to General Horvath's trou an altinust disband or join Semenoff

that

fore

→

ESIDENTS CERTIFICATE OF

ELECTION

PEKING, September 16th. Peking is bedagged today on the ocea sion of the Electoral College presenting

TAY.

HONGKONG

DAILY

THE BITER BIT. SERICUS AFFRAY AT YAUMATI REFUGE.

CONSTABLE CONVICTED OF

MISCONDUCT.

PRESS. WEDNESDAY, SEPTEMBER 18′′, 1918.

Mr. d'Almada submitted that there was no evidence at all to support such a charge.

וי

The Magistrate replied that he had carefully read the evidence and had come to the conclusion that a charge of that nature might be well supported. There was always on thing that could be done and that was to let the men go on the charges at present against them, and re- arrest them on any other charges, which the Folier might wish to bring against

them,

Mr. d'Almada admitted that this could always be done.

The Magistrate intimated that be charged with disorderly conduct.

I

BONGKONG MAGISTRACY,

POSSESSION OF AMMUNITION.

A Chinese was charged with being, in unlawful possession of ten rounds of am- munition

Inspector Grant stated that he visited a house in Connaught Rond West and searched it. He found the ammunition. anapty cartridge box, and three rounds of my cartridges used for the purpose Defendant stated that the ninmmunition of testing a revolver.

was left in his house by a passenget.

Mr. Wood remarked that, as defendant appeared to be a law-abiding citizen, be would only fine him $25. The immuni-

the certificate of election to President assistangs of Mr. G. R. Haywood, who thought the first defendant could be tion was confiscated.

Hsu Shih-chatg, which was followed by a large tiña attended by uumerous pro minent personages.

sampan owners

it

LOTTERY TICKETS.

At the Hongkong Magistracy, sester. day, Mr. E. D.-C. Wolfe concluded the bearing of the case in which three Chinese were charged with, having suited certain "Chinese with intention to comans a felony. The first defendant, a constable in the Water Police, wus further charged with having wisconduct ed himself in his capacity as constable.

Inspector Gordon prosecuted, with the watched the case on behalf of some of the Mr. M. K. Lo appeared for the constable, and Mr. F X.

Almada for the third defendant. Sorgt. Perkins said, that at about 7.30 the night in question he was on duty on the Police launch when be hurd a comotion "in the Yhumati Refuge. Wearing a splashing in the water, beesidence of disorderly conduct againstting on a bed, throwing sodathing out PERING, September 17th.

proceeded to the spot, and found the first his client. He might have gone to the The railway between Changsha anddofenifant the constable), whom he pulled sampan in his zeal for duty, and, when Wuchang, which has been completed for. some time but used for military purposes. Witness then proceeded to another the alarm was given, jumped into the It might havą, bien that the was opened on Monday to passenger sampan, where he found a Chinese in

the custody of a Police sergeant.) Hedefendants knew that the sampan.com- The construction was financed by Grent took both then to the Water Police tained opium, and went on the boat to tickets were found,"

PEACE PROSPECTS IMPROVING, Prospects of prace between the North and South are improving daily.

CHANUSHA WUCHANG, RAILWAY OPENED.

traffic.

Britain and the work undertaken by British engineers,

**

[DY COURTESY OF THE CHUNG NGOT SAN PO."]

CONGRATULATIONS TO THE

PRESIDENT.

PEXING, Septentier 17th.

THE PREMIER TO RESIGN Tuan Chi-jui,e after meeting his porters several times, bas decided the re 'bign as his policy is regarded as a failure

THE CIVIL WAR.. The Fakten people have protested against Lang Chai-kwong's troops going to Fukien,

12

Station. the complainants following. The first defendant had swum 10 yards. inway From the sampan before he was

picked up.

2

When this witness had concluded his evidente a discussion arose as to the application made by Mr. Lo on the pre- vious day that the first and third defend

In answer a question by Mr. Lo us to the section under which he could alter the charge, the Magistrate said that Mr. Lo, surely realised that if A man was first charged for assault the charge could later be altered to ude of disorderly conduct.

Mr. Lo submitted that there was по

wilter..

get a share of the spoil.

The Magistrate pointed out that the facts showed that that was not what actually happened.

|

Mr. Lo contended that the facts did not prove that his client was guilty of an assault.

A Chinese machine-tailer was charged with being in unlawful possession of lot-

tickets.

Inspector Grant stated that the Polies visited a house in Stanley Street and when they reached the second. Hoor

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detective noticed defendant, who was sit FOOTBALL, CRICKET & HOCKEY

of the window. The detective went down- contained tickets.

stairs and picked up

bundle. which

A search was made

and the Police found in the cock-loft a further collection of tickets. In a chasty in the kitchen t lew Po Piu luttery

Defendant stated that the tickets did. not belong to hip.

(in the ground that there was in- sufficient evidence against defendant, be was discharged

ALLEGED FORGERY.

A Chinese was charged,' on remind, with forging the signature of Mr. Cho Shin on a bank-draft payable at the Bank of Taiwan.

Inspecter Gordon suggested that the erse might be gone on with on the pre- -If the defendants were sent charges. discharged, he would arrest them again

The case for the prosecution was that and bring them up on other charges.

Mr. Cho Shin lost a pocket-book in Kow- "The "Magistrate. in closing the discus-loon, containing 837 in notes and a bank. sion, observed that it was possible, and was a practice in the Courts, for a Magis, trate to alter charges, as he had indicat

or allied to the

The Foreign Ministers will visit Hsuants be discharged on the ground, that Shih-chang to-day to offer, their con- no evidence of the assault with which gratulations.

they were charged had been offered by the prosecution. and that, as they were not guilty of the assault, the charge of attrated felony could not be brought

different case. against them except as a

The Magistrate admitted, as regards the first defendant, that there was noted, to charges akin seient evidence of assault. On the pre- orginal charge.. viens day Me Lo hatt said that he did not know of what the first defendant was Tse-Kan left for Hankow yesterday-guilty, if not of assault. He (the Magia He is said to have demanded pater retrats) thought that the man was undoubt

edly guilty of disorderly conduct. the first charge of assault might fail it was hardly worth while to find him guilty of this small offence (disorderly Conduct) if he was already found guilty of the weand charge of misconduct in his capacity of constable.

cently.

CANTON NEWS.

[BY COURTESY OF THE "CHUNG NGUY BAN FO”.

CANTON, September 17th.

A BRITISH PROTEST.

The British Consul in Swatow has Formed the Military Government in Canton that Britons and British subjects in Swatow protest, against the taxes, levied forcibly upon houses and fields by the military leaders. The matter has been reported to the British Minister in Peking and certain gunboats will be sent u the port shortly. The Consul added that it would be an obstacle to foreign recognition of the Military Government if not stopped.

The Military Coverament has accord ingly ordered the leaders in Swatow to discontinue the tax and keep their troops

in order.

FRENCH MISSIONARIES THANKED.

Az

Inspector Gordon deposed that the first thefendant was a seaman at the Water Police Station. No. 477. On September th, 1910, the Captain-Superintendent of Police tagued an order that ne Indian or Chinese member of the Force must make any siezure or search for opium without first reporting to a British offer. This order was on the Police Regulations. Or September 4th, 1918, the defendant made no report to witness that he wanted to raake any search or stezate, and if he did make nay siezare it was contrary to the Order referred to.

Cross-examined by Mr. Lo: The first

draft for 832. The Bank of Taiwan, 1 which the "draft was payable, was in formed, and, when defendant presented fit to be eashed he was arrested

... His bouse was searched, and the pocket-book discovered.

The money had all wen

An Indian Police-sergeant stated that, when arrested, defendant stated that the draft had been given to him by a Portu- sure to be cashed.

spent.

A Chinese bark clerk stated that when

defendant presented the cheque the signa ture had already been affixed, Witness asked defendant to sign his name and be did $47.

Mr. Wond remanded the case til Satur day.

*SNATCHING $151.

A Chinese was charged with snatching a parse containing $154 from another Chinese in Wing Lok Street.

Mr. Lo said he had only tried to save He had asked the time of the Court. Inspector Gordon and had been told that the only other, evidence was formal evid-

Complainant stated that on Monday ence of arrest. He had, therefore, subdefendant joined the Fores on October evening he was, proceeding in the direc mitted that there was no evidence of

19th, 1915. The order was made known tion of Wing Lok Street, when defendant came up from behind and snatched from assault against his client.

to the constables through the interpreters him the purse containing the money; Witness immediately turned round and All the general orders were read to the arrested defendant, calling out at the constables at least once a week. It was same time for assistance. A lukeng came very improbable that the first defendant up and witness handed defendant over to bim. Defendant throw the purse ca could not have known of this particular the ground, and it was picked up by the order.

The Magistrate With what object↑ Mr. Lo: That the first defendant be discharged.

The Magistrate said that if the second defendant were found guilty of felony the first defendant might be considered a principal in the second degree.

Mr. Lo argued that the first defendant could not be considered guilty of inten- tinn to commit felony if he had not com- mitted the assault which was supposed to The people of Lui Chow, who have have prepared the way for the felorý.. escaped at last from the disuters of the The Erst defendant was entitled "to a war, have requested the authorities to discharge. He quoted from English Law thank and reward the two French Misto the effect that if a man had committed alanaries who, acting 8, 2ɔ-betweens, "different offence from that for which succeeded in securing for the Canton he was charged he was entitled to be forces the reoccupation of Luí Chow and acquitted. the surrender of Lung's troops. REPRESENTATIVES TO FORSION POWERS,

We are informed that the Military Government has decided to send certain representatives to Foreign Powers, in spite of recognition having not been accorded,, yet. Representatives will be

sent to Japaa shortly.

THE SIBERIAN - SITUATION. A BIG COSSACK FORCE,

PEKING, September 8th. Bir Charles Eliot, the British. Pleni: potentiary at Vladivostock, is leaving for the west. His first stage will probably' bo Irkutak.

Visitors from Omsk state that 500,000 Cossacks in Siberia are available and desirous to establish a new Russian front with a view to finally ejecting the Ger- mans from the whole of Russia

There is no indication yet of the imme- diate aims of the Allies regarding the Czechs beyond their desire to unite ali partien

The Magistrate observed that he had the right to alter a charge from ons offence to another, akin.or allied to the first. For instance, if a map was charged with assault, he could alter the charge, after hearing the facts, to one of dis- He might now inform orderly conduct. the prosecution that he proposed to alter the charge against the first defendant from assault to disorderly conduct.

JOH

The Magistrate read the statement of the first defendant that he was walking along the Fraya wall when he heard a Qoise and saw men running towards him. He tried to stop one and was pushed into the water."

Mr. Lo submitted that there was no evidence against the first defendant on the charge of assault, and the Magistrate, agreeing, discharged the first defendant on the first charge. On the second charge Mr. Lo argued that, inasmuch as the constable had not been authorised by an officer to go on the sampan and had not gene in his capacity as à constable. he could not have misconducted himself in his capacity as a constable.

Mr. d'Almada maintained that there was no evidence whatsoever against his client, who was therefore entitled to an acquiltal

The third defendant was discharged. The Magistrate found the first défend- ant guilty of misconduct in his character of constable. He also found the second defendant guilty of assault.

Mr. Lo said that, as the Magistrate bad already stated that his application was premature, it would, perhaps, be the best course to allow the prosecution to close their case, and then make his formal Inspector Gordon asked for a heavy application for the discharge of his client. sentence on the ground that offences, by After some moro discussion, Inspector constables against that particular order Gordon said he would like to make an were very numerous. He had 50 pen on additional charge of disorderly conduct his report book daring the past six weeks against all the three accused, and a for a similar offence. further charge of impersonating a "con- stable against the third defendant.

Mr d'Almada took formal objection to this charge being entered against his client at that stage of the proceedings.

The Magistrate said that he would have the opportunity of recalling, all the wit- nesses, if he wished, in regard to this extra charge.

Mr. Lo pressed for a lenient sentence, arguing that it was unfair that the de fendant should be made to suffer for the

offences of others.

>

The Magistrate sentenced the first and second defendants to undergo three

months' 'hard labour each;

constable.

Defendant said that he and complain- ant were in a shop and suddenly heard a commotion in the stree They bath ran out, and complainant dropped his. purse on the ground. Witness' asked complainant to pick up the purse, but

he refused, and when a constable came to the place he (witness) was arrested.

Inspector Kent stated that defendant! had a previous conviction against him for theft and had also been banished for five years.

Mr. Wood sentenced defendant to six months' hard labour.

A PROSECUTION WHICH FAILED.

The manager of the Cheong Bing Loon firm, importers, and exporters, was sum- moned for exporting a consignment of old zinc and wire in excess of the amount

permit. specified in the

Mr. D. W. Tratman, Superintendent of Imports and

Mr. Agasiz de parla, prosecuted, and

Mr. Trasmon stated that defendant had applied to export 30 piculs of old zine and 150 piculs of iron wire," but when the consignments reached Kobe it was dia covered that an alteration had been made in the permit and that the firm had ex- ported 37 piculs of old zinc and 180 piculs of iron wire. This was in excess of the quantity stated in the permit.

Mr. Agassiz stated that a mistake must have been made by the authorities in 'He cited the recent cotton-reel Kobe, case in support of his argument, stating that no reliance could be placed on Japanese weights.

Mr. Tratman informed the Magistrate that he summoned defendant because he bad altered the permit. Ho thought, however, that defendant, who was a big merchant, had no intention of defrauding

Mr. Wolfe discharged deferidant

TYPHOON WARNING,

The following telegram has been received by the American Consulate- General, Hongkong, from the Manila Observatory:--

4 p.m., Sept. 17th. Cyclone ar typhoon B.E. of Guam, direction unknown.

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