1918-12-03 — Page 2

WEBER

THE HONGKONG

PIANOS

Artistic in finish," and combine

perfection of touch with

unequalled quality of tone.

SPECIALLY MANUFACTURED FOR THIS OLIMATE

CASH OR EAST TERMS."

10

MOUTRIE'S

SOLE AGENTS.

[28.3

Summit

COLLARS

When a man first "discovers " Summit Collars he experiences a satisfaction which he had hardly thought possible He flads just his right style la just his fitting--just the things that really matter in collars. If you have not done so, "discover” Summit Collars to-day.

"SUMMIT" COLLAB AND SHIRT BOOKLET FREE ON APPLICATION

MACKINTOSH

& CO., LTD.,

Men's Wear Specialists,

16, DES VEUX ROAD.

REMINGTON,

AND

SMITH

Telephone 29.

1108

MONARCH

PREMIER

TYPEWRITERS

ENQUIRIES AND INSPECTION INVITED

..

MUSTARD & CO.,

4. Dis Voix ROAD CENTRAL.

TELEPHONE 1384

AGENTS in FOOCHOW, AMOY, SWATOW and CANTON:

BRITISH-AMERICAN TOBACCO Co.

TO LET

GROUND TO LET.

■

[2230

DAILY PRESS, TUESDAY, DECEMBER JED

GERMAN TENANCIES IN SHANGHAI.

70 FAMILIES AFFECTED BY NEW ORDER

THE EZRA ̧ APPEAL.

JUDGMENT OF THE FULL COURT

AT SHANGHAI,

Judgment was given at Shangbai, m November 20th, by the Fall Court (His Honour Judge Sir Havilland de Saus-

1918.

HONGKONG DISTRICT SCHOOLS SPORTS.

J

For the first time in the history of the Colony these schools-Ellis Kadoorie,

Praya East-are going to have sports Saiyingpon, Wantasi Yaumati and

of their own. Hitherto they have par

The notifestion contemning the general cence under King's Regulations which was published by H.M's Minister in Pek-marez and His Honour Sir Willianticipated, with vary meagre success, in ing on November 2nd, is giving rise to Reea Davies, K.C) in the appeal brough considerable heart-burnings among the by Mr. Elli J. Ezra against enemy community, says the V. C. Daily the verdict of the jury which found him

́guilty of a change of giving the sum of 200 to Kung Lao-hun, a servant of the Standard Oil Co., of New York, con trary to the Prevention of Corruption

Act

the Hongkong Schools sports, where they have had to compete with their own old

boys and others of maturer years.

News

Among the clauses was one in particular which affecta a considerable number, and is generally to the effect that British land lords cannot renew tenancy agreements with enemy subjects after the expiry of the present contract, that while an enemy tract might continue is a tenant for the unexpired portion of his lease, a renewal is forbidden. Thoes enemies who have This is an appeal under Article 71(b) considerable portions of long leases to run of the China, (Amendment) Order-in-Talley on December 13th. H.E, the can only continue in possession of British Council, 1913, asking that a verdict of a owned or registered property by permis-jury he set aside on the ground that the sion of H.M's. Minister.

In accordance with the notification verdict is unreasonable or cannot be British landlords and agents with pro supported on the evidence,

the British Consulate perty registered at had to notify enemy aubjects on monthly The charge was laid under section 14 tenancies that they would have to quit of the Prevention of Corruption Act, the premises they at present occupy by December 1st, and the enemy are feeling 1906, and charged the defendant with un outraged that this should be so.

lawfully and corruptly giving or agree- TRICKS QF EVASION. Most of them concerned, however, tooking to give $200 to one Zung Lao-hung, a the matter fairly quietly, some exceptions loada in charge of a launch, the pro- flatly saying that they did not intend to nove and threatening to do all sorts of perts of the Standard Oil Company, as things if they were turned out of their an inducement or reward for allowing houses. These latter do, not appear to realize that as monthly tenants they have the defendant the use of the launch for

a certain purpose. a leg to stand upon and that in the not ordinary course they can be put out of occupation by the ordinars processes of the Courts.

boys-practically all Chinese, at any There are in these district schools 1,545 rate all have to pass an examination in Chinese before they are allowed to enter any of these schools. They are divided into groups of boys over 5 feet-between Hi Honour Judge Sir Havilland de in, and & ft., between "ft. 8 in. and 4 ft. 9 in., and under. 4 ft., 6 in. Saumarez read the judgment of the This system of heights has been devised to obviate the difficulty of ascertaining Court which was as follows.

the ages of Chinese bors,

Others took up quite a different line and a few days after the notices to quit had been sent out agents are reported ta bave received offers to take over the houses with suspicious alacrity. Investij gation appears to have confirmed the first suspicion that the persons desirous to take over the houses were mere figure-heady for the present occupiers, the idea, of course, being that the new tenant should immedi ately sublet to the cremy subject, who would thereby be relieved of the trouble? of finding another house elsewhere.

Some few appear ever, to a hat hat

the date of leaving and to have gone to live with enemies occupying houses rented from land-lords who do not come within the regulation. But inquiries tend to show that some 70 families are Į likely immediately to be affected by the operation of the notification, with more as the various leases expire."

THE WAR NOT ENDED. The general criticism levelled against the measure by the chamy is that it was designed as a piece o war legislation and that to bring it into force now the armis tice has been signed savours very much of kicking a man when he is down. Apart from the question of whether or not the latter point is not mere German hypo crisy, with regard to the former it may be, pointed out that the Allies are still at war with the enemy and will continue to be vatil

50

peace has been signed, and signature to the armistice has not pre- vented the continuation of hostilities on the bodies of Allied soldiers unfortunate enough to be in enemy clutches

i

The jury convicted the defendant and

the Court imposed a ine of $2,000,

The learned judge in exercise of the

power vested in him by the Order-in Council certified for leave to appeal upon the following grounds:

"That the evidence by which the pro- secution sought to prove that the giving of money to the loadah of the launch Meifou by the accused was corrupt was slight and would have been insufficient, unless supported by inferences to be drawn from surrounding circumstances, to justify a conviction. And that it is desirable in the interests of justice to consider whether the facts proved at the trial justified the jury in inferring a currupt intention is the accused." "

The question which this Court has to decide 19 whether on a consideration of such facts the verdict of the jury should be set aside.

section 4 of the

The Order-in-Council provides that this Court on the hearing of appeals shall follow the practice of the Court of ruminal appear in England, and it specially includes Criminal Appeal Act, 1907, under which tais appeal is instituted. Certain cases Were referred to in argument which de- monstrate, inter alia, that in appeals under that Act the Court will not retry a case on evidence properly submitted at the trial to the jury, nor will the opinion of the judge, who tries the case, that he would have found the other way of that the verdict was unsatisfactory, itself justify the Court in interfering with the jury's verdict. And re showing the strong disinclination of the Court of Criminal Appeal to interfere with the prerogative of a jury on questions of act properly submitted to them the Court remarked in R. v. Pridmore 59. JAPAN'S COTTON CLOTH. B. at p. 331. "It agreed there was

A SERIOUS SITUATION. Owing to the inability of British man

The further claim by the enemy that the operation of the regulation causes hard ship is not likely to carry much weight for the only hardship experienced can only be inconvenience, an inconvenience which any British subject renting enemy property would equally have to suffer, for another clause makes the same enactment with regard to him.

::

ALLEGED POSSESSION OF AMMUNITION. INDIAN SHIPGUARD IN TROUBLE.

At the Magistracy, "yesterday, before

Indian ship's guard, of the sx Sunning, Mr. J. R. Wood, Rukka Mullah, an

was charged with being in unlawful pos session of 60 rounds of ammunition.

Mr. J. H. Gardiner appeared for the defendant.

The defendant stated that the box in which the ammunition was found did not

belong to him. He had ao permit for ammunition, and, therefore," he would not be sú foolhardy as to carry ammuni

tion about with him.

DA

A police officer stated that he went on board the Sunning at 5.15 p.m. The sports are to be held at Happy Sunday. He found a number of boxes on the deck, and, on examining one of Officer Administering the Government them, found 90 rounds of ammunition has shown a generous and practical in it. He asked defendant, who was interest in them. Sir Ellis Kadoerie has presented a valuable shield, which will standing near, if the box belonged, to remain in the keeping of the school

him and defendant disclaimed `owner., which cbtains the highest number of points, and there will, no doubt, be great ship. Another watchman, however, in- keenness to obtain this coveted honour formed witness that the box belonged to Witness then arrested de- It is hoped that in this way a great defendant. stimulus will be given to athletics, among the Chinese and we are deeply grateful (says Mr. F. E. O. Bird, the Chairman box. of the Hongkong District Schools Sports have Committee), to those patrons who given the financial support so necessary. to the saccess of such an undertaking.

HONGKONG POLICE RESERVE.

ORDERS 188CED BY MR. 7. C. JENKIN, C..B.K.

COMMENDATIONS.

Sergeant.811 Samy is highly commended by the Police Magistrate for prompt and intelligent action in effecting an arrest. Constable 144 Li Wing (Ambulance) is

commended by the Captain-Superin tendent of Police for his courageous conduct in saving from drowning a passenger who attempted auicide by jumping everboard from a ferry.

Squads have been warned to attend from all units on Wednesday, December 4th, at 5.30 p.m..

REVOLVER COURSE..

PATROL EXPENSIS, ETC. The Police Reserve Accountant orders that all accounts for services render- ed up to the December 18th must be sent in before the close of the year.

FANCY DRESS BALL The attention of all ranks is drawn to the advertisement relative to above now appearing in the Press December 2nd, 1918.

An appeal is made for general support of the fresco Jete which is to take place in the compound of the Roman Cathedral, on Sunday, on behalf of the poor under the care of the Society of St. Vincent de Paul, which, for over half a century, has done. a great and beneficent work.

But it must be remembered that the question whether a doubt is reasonable is a matter for the jury and their verdict ought not to be disturbed unless it is one which a jury viewing the whole of the evidence reasonably could not pro- perly find

Then as to the evidence. Irrespective of the evidence of the laodal which was presumably ignored, as it was entirely in conflict with the evi dence of Sergeant Woodfeld, which both sides treated as trustworthy the jury had before them the following facts:

fendant, who produced the key of the

At this stage defendant asked the witness to open the box for the Hagis- trate's inspection:

Witness complied, and when the box": was opened it was found to contain Jetters and clothes belonging to the de fendant.

Defendant admitted that the clothes and the letters were his, but stated that they were given into the custody of the No. 1 watchman for safe-keeping.

Mr. Gardiner applied for a rerriand in arder to prepare his case.

Mr. Wood remanded the case till Thursday, fixing buil a $100.

A Chinese was, charged with being in unlawful possession of 300 rounds of ammunition and a mouser pistob

Mr. P. W. Goldring appeared for the defendant and applied for a remand. Mr. Wood remanded," the case to-day, fixing bail at 8300

UNSUCCESSFUL PROSEÇÜ-

TIONS.

till

ALLEGED UNLAWFUL POSSESSION OF A DAGGER.

At the Magistracy. yesterday, befor Mr. J. R. Wood, a' Chinese was charged with being in unlawful possession of a dagger.

A Chinese constable deposed that be arrested the defendant in Des Voeux Road, carrying a parcel which, on cx- amination, was found to contain a dagger,

Defendant staled that be picked up the dagger from a drain, and, as there was no claimant, he intended to sell it to obtain money for food, as he was cut of employment. He had always borne a good character.

The Magistrate enquired whether there. was anyone who would speak as to defen-

dant's character.

|||

A BAY, "next to our Glass Factory, This complete plans are supply and make ang interfere with a verdict simply on the foshe two stated that defendant was a very honest

T WHITFIELD ROAD, CAUSEWAY consisting of 16,000 Square foot, suitable for storing Coal, &c. From January 1st, 1918.

Apply to

KWONG SANG HONG LED 248, Des Youx Road Central.

TO LIT.

12747

HOUSE in Knutsford Terrace,

A Kowloon

Apply to

TILL BONGKONG LAND INVEST-

KENT LAGINOJ OK, LED.

KO LIN

A COMPLETE AERATED WATER facturers to compete in war time, Japan

PLANT FOR SALE.

ese coftos cloths have made great inroads in the Indian and China markets, parti- THE MACHINES

chester cularly the former, but so soon' as normal Bratby & Hinchliffe, Lid, Manchester and guaranteed in perfect working order conditions are restored at Home and dozen Aerated water per day, purchasers to mens to the countries overseas Japan will take over about 6,000 dozen bottles at cost and that the wartime demand from those price

countries was but temporary and that the Apply

by letter

Indian and Chinese markets will fall back ABEATED WATER PLANT, on the standard British goods. Already Care of Hongkong Daily Press,

Japanese manufacturers and shipping companies are getting worried because of Care of General Post Office,

the cancellations of advance contracts, For No. 320.

and it is said that about half of the cotton [2748 clochordered for future shipment to

India has been cancelled

Mr. Wood discharged defendant as

not much to support the finding of the jury. But there was in their opinion evidence to support it, and therefore the appeal must be dismissed." And again

The accused was most desirous to effect

Defendant: "My mother, who is a little in R. v. Hancox 29. T. L. R. 331. The

they bad on some occasions the arrest of one Eugene Chen, who was Court said quashed the verdict of a jury on a ques supposed to be leaving by a steamer for off her head, and my wife will speak on tion of fact when the verdict was ab America which was lying at Woosung.

The mother and defendant's wife then vidusly and palpably wrong;, but those he met n party which had gone there for my behalf.

of the arrest on the jetty and purpose cases were very rate. The Court did not found that the arrest had not been made. ground that they would have come to aa launch t

to return to Woosung, to which man. diferent conclusion from that of the no cojection could be taken, and then jury. There was evidence here to sup- went with others of the party to the port the verdict and the appeal must be Frenco Bund where he had heard that a there was no one to corroborate the co- dismissed."

launch could be hired The price was stable's story. The dagger was con- The question which this Court has to fixed at 8900; but the laodah of the launch decide is whether, having regard to the refused to start unless paid in cash, this fiscated. evidence as a whole, the verdict of the one of the

Chi party, went and got. Then s bis

intervened and said jury should be set aide. on tot Be up it could not go without the permission. a gold neck chain from a Chinese woman. that it is unreasonable or cannot be sup-

Complainant stated that she had just ported. It is clearly no part of the of the master. The defendant in his evi- dence admits hearing this, and it was Court's duty to express an opinion as to relied on by the Crown as showing the got into a richa near Yanmati Ferry, whether the verdict was right,

Now it is veces try to refer to the corrupt intention of the defendant in the on the Hongkong side, when she felt a facts in detail, but the summing up of subsequent hiring of another private

Launch. Then "OUNG CAPABLE NURSE for attribute this state of affairs to the ten the learned judge shows that the jury Bergeant Woodfel as the evidence of tug.at her hair. She turned round and

WANTED.

(2480

4/0 “Daily' Frena.”

SHOP in Nathan Road. Kowlyon.

Apply to:

HUMPHREYS ESTATE & FINANCE

Co Lam

́Alexandra Buldings?

NO LET,

HOUSES on Shimeon, Canton.

A HOUSE in Wongacichong Road.

Apply to...

2000

THE HONGKONG LAND INVEST- KENT & AGENCY CO. LTD.

FOR SALE

FALESEND, 100, zam Prix Six Boome Grass Tennis Court, immediats

Apply ***

VOEL GALE Pablo Works Department

[1683

(2824

FRENCH LESSONS

G. MOUSSION,

15, MORRISON HEL BOLD.

WALKER.

FLAG & SAILMAKER. No. 128, Dew Vaux Boid Central, Top Floor, HONGKONG Telephone

one No. 1838,

THE NEW FRENCH REMEDY

THELABION N

Koi For Blålder Cafarik F%2Fer Kinod à. Skin Dinesen, 390, 3 for Okrešle Masakrus206;† HOLD ST. GRAVES URIOSIS. PRICE DE DOODLED, 31. DE Ex Coman Kea, Ca., Xavertook BA, N.W. A, Zendeac,

BELL GOVT, BILME: Arvutinha Gamma -LABLE

normal.

"

A Chinese was charged with anatching

over

As there was no corroborative evidence, Mr. Wood discharged the defendant.

•

It is estimated that the contracts car celled during the first work following the armistice cover about 30,000 bales. There is a disposition in Osaka, however, tp

that at this time a saw defendant, and arrested him. When porary elects of the conclusion of the were very fully directed on the facts, Chinese culled out "Meifoo can catch," she handed him to an Indian armistice, and chipping men express the the weak features in the case for the

a launch belong-constable, defendant wns searched, but They could get meaning hope that the situation will soon become Crown were pointed out, their attentioning to the Standard Oil Company, though the neck chain was not found on him, was drawn to every point that had been it was not clear that the defendant heard Witness believed defendant had passed the Aside from the natural preference for urged by the defence, and they were this Ho knew that Meifoo, was the neck chain to another man. British goods, the purchasing power in directed to eliminate from their minds Chinese name of that company. They then Defendant stated that it was a case of india has materially declined owing to any possible prejudice surrounding the tried to get a small launch and, having mistaken identity. the very unsatisfactory condition of the crops. While demand has declined, there defendant Furthermore, they werecharg, failed, proceeded to the Canton Road ed that they could only convict him if jetty where the launch in question was have been increased arrivals 01 purchase previously made on speculation, the result they were satisfied of his guilt beyond secured, but after the defendant on the being a slump on the Indian market where reasonable doubt. The jury it seems, failure to get the second launch said There was also evidence Sp.'

this launch, UPIUM SMUGGLER ARRESTED. prices have fallen even lower than in took one hour to consider their verdict, "it's all

of and the would not be justified in of there marks on

The price

FINED $2,500.. reported from Ladia, while the Japanese assuming that they ignored in any par- which he ought to have seen merchants working with Indian. mer- ticular the summing up of the learned of $200, though high, does not appear to have been exorbitant for the launch chante have received instructions to delay judge. shipment or for entire cancellations of On the question of doubt, however, the actually hired, but it was thought by # learned counsel for the appellant has Woodfald to be too much for the launch Japan Chronicle mentions that the arged strongly that the evidence, if fair at the French Bund and was clearly too Kosho Company is trying to buy back fly considered, was so inconcinsive as to much for the second launch which they Sales to

India. This plan is prosvindlly have created a reasonable doubt in the failed to get; it was the sum offered in based on the fact that prices for early mind of any man of intelligence, and be all cases.

rown alleges that under these cir- delivery in Japan are comparatively high relied in particular with reference to showing an advance of about 12 or later the alleged corrupt intent of the defend-umstances the defendant, made, or was deliveries. Thess tactics can only be em ant on the evidence of. Bergeant Wood-party to the making of, a corrupt offer, played by merchants commanding large Beld, the chief witness for the Crown and the jury by their verdict have: BO

found md merchants of lesser resouro which admittedly was favourable to the spund to be in very serious difficulties defendant was contended that the

The Court is not prepared to say that because of tho slump

kot part failure of the jury to give the defendant on the evidence as a whole the jury might he future course of the market parti the benefit of an obviously reasonable for the decision of this case, for, if the not reasonably convict. That is sufficient cularly in reference to India Japan's doubt should justify the Court, in-hold- watched anxiously by business interests

4" (Continued at foot of next column)

The vigilance of an Indian constable, stationed on the Taipoo Road, to week ago resulted in the arrest of an opium smuggler.

The man, it appears, was walking along the road when he was stopped by the constable, and 53. taels of opiua were found deverly concealed in the lining of a letter bag he was carrying The local value of the opium is about, 8500, and had the souggler sacceeded in setting it out of the Colony he might

At the Magistracy, yesterday. have sold it for over $1,500,

Mr. Wolfe fined him $2,600;" or.. default, six months hard labour.

Largest customer for cotton cloth, is being ing that the verdict cannot be supported Court is satisfied so far, it is beyond its defendant admitted the offense,

province to express any opinion of the verdict. The appeal is dismissed.