1919-07-10 — Page 3

CRUELTY TO A SLAVE GIRL CHINESE CONTRACTOR'S APPEAL

DISMISSED.

THE

His Lordship reminded Mr. Potter that it was open to a Magistrate to consider previous instances. It; for example, a man was charged with 'giving a black eye Yesterday, His Honour the Chief to another, the Magistrate would natural Justice (Sir William Reza Davies. K.C.)|ly consider the blows which were given, and the Puise Judge (Mr. C. before the identical black eye was ad Melbourne) heard the appeal of Chumaistered. Cheng Hi, against n sentence of two weeks hard labour, without the option of Sine, reccatly imposed upon hita by ME R. O. Hutchison at the Magistracy, The Magistrate found that (1) servant-girl named Tsoi ila had been wilfully beaten by the appellant (then defendant) with an instrumen's which it

HONGKONG DAILY FRIES, THURSDAY, JULY 10TH, 1819.

Наб

His Lordship informed Mr. Potter that Ee would have thought that that was exactly the position which the prosecution. would take up that the man had over- stepped the mark. He was hoping that Mr. Potter would have something to say about the doctor's evidence.

Mr. Potter, reading from the doctor's ovidence, said that the girl's left arm was thickly covered with linear bruises.

now.

HONGKONG WEDDING.

DUNNETT-RODGER.

The Union Church was the scene of the

pretty wedding, yesterday afternoon. when Mr. Gordon Black Dunnett, of the Hongkong and Shanghai Bank. was married to Miss Dorothy Rodger, sixth daughter of Mr. A. Rodger; late manager ut the China Sugar Rehnery, and, Mrs. Rodger.

was improper to use on a little, girl;' (21/Htory was that on the day in question the her left thigh,, and the lower part of the J. MacGregor Forbes. She wore the con-

Mr. Petter replied that if that was the view the Court was going to take de had better xit down. There was no sugges tion that the prior beatings could have Reading from the girl's evidence in the been considered improper by a Magistrats. Magistracy, Mr. Potter said that her appellant questioned her about stealing A coat and a pair of trousers. She denied the offence, and the man beat her. The afth concubine then came into the room and said: Stop, there's a constable com. ing. Then a Chinese constable came in, and the Efth concubine gave the girl over Mr. Eldon Potter appeared for the to him. It seemed, Mr. Potter said, the

iden at the appellant and the fifth con appellant, and the Hon. Mr. H. E. Pollock, K.C. (Acting Attorney-General cubine to give the girl in charge, for appeared for, the respondent (the Hon.stealing; they did not appear to have any Captain-Superintendent of Police).

that Tsoi Ha had bean whipped over a period which the Magistrate considered excessive; and (3) that the grounds alles ed by the appellant against the girl were insuficient to justify the punishment administered.

Mr. Potter, in opening, said it was his conviction that the punishment inflicted on the appellant was too severe in the circumstances. He would ask that the judgment be varied by giving the appel- lant the option of a fine. The case in the Magistracy was one of unlawful assault. It was not an ordinary case

The it was peculiar in many respects. Bir in question was, and is, one of the household of the appellant; she belonged to the fifth concubine; and was, as far as he knew, a slave-girl."

The Chief Justice asked whether she had been, bought.

Mr. Potter said that was 9. At the Magistracy the girl said the appelinat was her master,

His Lordship observed that there was. no evidence that the girl belonged "to the 5fth conenbine.

Mr. Potter said it was on the affidavit.

Mr. Pollock retorted that there was a lat in the affidavit that was objectionable. The appellant could not introduce in the affidavit new facts which could well have been brought up in the Court below, The girl had nothing to do with the fifth concubine.

maintain

Mr. Potter anid be was not trying to was appelinat that the not liable for the chastisement on the ground that the girl belonged to the fifth concubine. It was essential that the Court should have certain facts before it.

The Chief Justice asked if Mr. Potter was going to tender fresh evidence,

Ar. Potter replied that he did not intend to do so, except in so far as it supported his ples for mitigation of

sentence.

in that they could be punished for having beaten her excessively. Later, the girls dressed, and taken to the Police Station by the constable. At the Magis tracy, under "cross-examination, the girl had said she was only beaten when she was naughty.

His Lordship observed that that was in Very probably Mr. cross-examination. Goldring had asked: Were you only beaten when you were naughty

Yes." the girl replied

and

Mr. Potter said he did not know if that

were so It was unlikely. If Mr. Gold- ring had put the question in that form, the girl might well have replied "No, I was not naughty. They are always accus- ing me of stealing, and ill-treating me."

His Lordship expressed a desire to know whether the occasion on which the girl said she had been accused of stealing a pair of trousers and the occasion on

which she said she had been accused of stealing a coat and a pair of trousers were one and the same.

Mr. Potter thought the occasion was the same.

the sentence was excessivef

Mr. Potter replied that a sentence of imprisonment meant absolute ruin to the appellant.

His Lordship again enumerated the different portions of the girl's body which thickly covered the docter had said were with bruises."

|

His Lordship: Thickly covered. That

The bride, who was given away by Mr. means a good number of bruises.

Mr. Potter said they were all healed rearce, wore a pretty gown of chantilly lace over crepe georgette, en- Her His Lordship, reading from the doctor's routered, with oriental pearls. evidence said that both the girl's legs, brocade satin train was presented by Mrs. back were also absolutely covered with ventional tulle veil covering a wreath of bruises. la asked Mr. Potter whether; ingrange blossoms, and carried a handsome view of that, he could possibly say that bouquet of white lilies. She was attended by Mix Alia Gordon and Miss Stabb, as bridesmaids, and by Master William Hancock as page. Miss Gordon wore a rock of electric blus georgette, trimmed with coral beads. Miss Stabb's dress was of white oriental muslin, with a blue sash. Both bridesmaids carried bouquets of bydrangea. Mr. C. A Peel, of Carton, acted as best man

As the bride entered the church, the O Perfect Love" was sung."The only other hymn was "Lead as, Heavenly Father." The Rev. T. W. Pearce con- Mr. Potter asked that his case be commarried couple had signed the register, ducted the ceremony When the newly pared to one which had come was Mr. E. J. Chap Court when Sir Francis Piggott was Mendelsohn's Wedding March.ed After the ceremony a reception was In that

held nt

H.E. "Kingsclere."

the med is nad "struck a '****#) Berkely was Attorney Cleneral. drunken soldier with his Ast and the Officer Administering the Government soldier was killed.

(the Hon. Mr. Claud Severn, CM,G.) His Lordship reminded Mr. Potter that proposed the toast of the bride and bride.. they all knew the law about drunkenness.groom, to which M, Dunnett suitably re- Drunk Porter said he wished to emphasise attendance, and there was a little dane. did not excuse a crime. plied. A Filipino string band was in

Me Potter urged that the girl was never in any danger of her life.

His Lordship replied that if she had been the man would have received twelve months, instead of fourteen days, impri- soc ment.

that

ממן hy

the man quences of his act

His Lordship observed that, in other words, Mr. Potter's case was that the Court would overlook the matter and give the appellant the

option of a fine. Mr. Fetter Act gave the Court the option the mome. W. McKenny, Mrs, a. G..Ugrden and

did not intend the consering. Mr. and Mrs. Dunnett leave to-day, on their honeymoon trip, for Home, by the Empress of Russia.

ing a fine.

of impos-

Amongst those present were the Hon. Mr. Claud 'Severn, L.M.G., Hon, Mr. N.

J." Stabb and Mrs. Stabb. Dr. and Mrs.

the Misses Gordon, Mr. and Mrs. A. E. His Lordship said that the Home Act Griffin, Mr. and Mr. T. E. Pearce, Mr. allowed the Magistrale to inflict ia G. C. Moxon, Mr. and Mr. H. B. L. and Mrs. r. S. Cassidy, Mr. and Mrs. sonment up to six months, and in this Dowbiggin, Mrs, Armstrong, Mrs. Grifin, Mr. Hutchison (the Magistrate), who case the man had been given 14 days.

Humphrays. Mrs. Main, Mr. Mr. Potter replied that the man wouldrs, Court, looked at the was prement in original record of the depositions and not have gone to all the expense and Maconochie, Mr. and Mrs. A. Chapman. Mr. and Mrs. Hall, Messrs. H. P. Smith, conid not be sure. The girl's evidence had trouble of appealing if he was not cor- been very ecnfusing, and he could not be tain of the consequences to him of his E. Ralphs, G. P. Laminert, H. Hancock.

imprisonment

8. E. Sedgwick, and A. D. Lang. certain.

Mr. Pollock did not agree they could be the same occasion, and showed points in the girl's evidence supporting his con- tention that they were wo distinct occasions."

Mr. Potter. continuing, said that the appellant had admitted that he cast home after drinking heavily.

That

וי

CANTON NEWS.

CANTON, July 9th.

Reading from the affidavit put in by the appellant. Mr. Petter said that Chu Cheng Hi was the head of the firm of Chens

Kee, contractors to the Naval Dockyard. He was 51 years old Re admitted beating the girl, but said he bad

THE CIVIL GOVERNO EI HIP.. no intention to cause her any unnecessary

The people are said to be very indign- suffering, and he was certain that any act of his did not cause the spraining of

of ant at the Military Government's lack of serious damage to attention to their demand that Dr. Wu her. Since the case had girl had come back to his house and stated It is stated that, with a view to enforce

she desired to live there again.

compliance with their demand, they cop- evidence should have been given before the appointed. Magistrate.

Mr. Potter, continuing, said the appel-was engther reason why be had beaten theber wrist or cause been decided, the Ting-fong "be appointed Civil Governor

lant was in loco "parentis, and had full control of the child as the head of the household, and, as such, it could not be contended that he had not the right to chastise her in a reasonable degree if she was in fault. The English law allowed this, and Chinese custom permitted it to far greater extent even than nglish

Law.

His Lordship observed that this was allowed under Roman law also,

।

girl excessively,

His Lordship observed that when

a

man was drunk and beat a child he did that ship observed that all this ≥ tempiste guidg on strike till Dr. Wu is

it at his own, risk.

Mr. Potter retorted that many u raan had been tried in that Court for a more serious crime, and had got off more light- ly on that plea. He was not saying that the appellant was not to blame. He had beaten the girl three times that evening.

Mr. Potter retorted that it had been offered and refused, and Mr. Goldring had filed an affidavit to that effect.

CRITICAL SITUATION IN KWANGSI

His Lordship said the man seemed to Fantinuing to read from the appellant'stion of Kwangsi province has become very

have administered 13 or 14 strokes.

Mr. Potter produced the stick used (an ordinary knotted-cane) for the inspection of the Court

Mr. Potter proceeded that the appellant was a business man with good connec tinas, who was liable to be ruined if he was went to gaból. This was an important ine: that had to be considered in asking His Lordship said that was the kind of whether or no the punishment was exc-stick they all used, when riding, to beat the horses with. Those notches could have sive.

caused ugly braises.

His Lordship remarked that the man had admitted that he was guilty of an uncalled for assault.

Mr. Potter reminded the Court that the only point he was arguing was whe- ther or no the punishment was excessive. It was not a case of systematic cruelty; the girl was well nourished, and has said in her evidence that she had had a lot to

bat.

aus Potter said that, used gently, they

were

His Lordship said that he did not doubt that Mr. Potter would be very sorry to use one like that on his own child. ....

Mr. Potter emphasised that. he should not do it, adding that he had not had to use a cine on his children yet. The point was, Mr. Potter continned that the man did not fake up the cane with the notches for the express purpose or intention of He took the first harining the child.

He was not thing that came to hand. saying that in mitigation of sentence; ali Mr. Potter replied that that was a result he wished to emphasise was that the man of the beating. There was no suggestion did not intend to hurt the child. Punish-

His Lordship, reading from the evid- vence, reminded Mr. Potter that the doctor had said the girl's physical condition was very poor. The girl was still under treat

ment.

It is reported that, owing to a mis- understanding between the leaders of the Kwangai and Yunnan troops, the situa "Mr. Potter said the appellant grave, as the two forces are preparing to was still willing to do all he could for the girl according to the wishes of the sight each other. It is also said that Tong Secretary for Chinese Affairs. If he wa Bent to gaol he contract with the Nuval Yard, and, be sides, lose all he possessed in the way of

would assuredly lose his saw, the Tuchun of Yunnan, is not

business connectiona.

with General Luk, wing-ting's Peace proposals to

als to the Feking Govern ment, and is therefore proposing to send troops from Yunnan to attack Kwangsi. Toog has also ordered the "Yunnanese His Lordship did not see why he should.. victed of being a thief ar anything like chucked from both sides. It was not as if the man had been con- troops in Kwangtung to march to wu- so that the Kwangsi troops will be that. It would make very little difference. We are informed that General Luk bas if a fine was imposed, except, perhaps, recalled a number of the Kwangsi officers that a stigman would attach to him if he in the Canton Artillery Corps to Kwangsi went to gaol

Mr. Potter replied that the Naval Yard at once, and other military movements are in progress. Some of the merchants in Canton have received telegrams would not care to have a contractor who had served a term in gaol. That would Nasning merchants instructing them to be a stigma which would be very diff-stop the delivery of goods to Nanning cult to get rid of

His Lordship said that if the appellantill further notice. had been a men in humbler circumstances tharruinent would beyer have come up at 21 It would be very serious if the Court was going to give its consideration to a sentence because of a man's position Mr. Potter said that was one of

A BRITIES GUNBOAT AT NANNING,

from

A British gunboat arrived at Nanning yesterday. She is to proceed to Wuchow in a day or two. SWATOW REPORTS.

that the girl had been ill-treated and that I ment ought to be meted out in accordance and because it would ruin his care the the monopoly of the sale of salt has been.

Messages from Swatow state that as thereby her physical condition was ro with the belief whether or no there was duced. The Ordinance under which the any intention to indict bodily harm. If most serious elements considered at me given to a certain merchant all the other

Was the br

first trade in appellant was punished contemplated the evidence was true, the girl appeared in inflicting punishments-whether or no salt merchants have entirely ceased their salt. The people are without systematic chastisement of the girl. to have been a confirmed thief, and the it would ruin a career. It

appellant. His Lordship stated that, according to man was within his rights in chastising offence ever cominitted by the

price has increased accordingly. Police

Courts every day in which the

A regiment of the regular troops in Bir. Potter, they did not come under the her. But the man had stated that he had There were more aggravated cases in the salt in Swatow and other places, and the Ordinance at afl.

no intention whatever of doing her any offender was given the option of a fre Swatow was demobilised yesterday, and Mr Potter replied that it would have bodily harm or of causing her unceses He had never heard of a

feared that opposition would be offered.**** been very different if the case proved sary suffering. abowed that there was systematic cruelty.

Mr. Potter was about to leave the Home in which a defendant was not martial law was declared when it was

given option of a fine. His Lordship thought the girl had said appellant's evidence and go on to the next in her evidence that the man had ill witness when His Lordship pointed out treated her previously.

that the appellant had said that he had told the fifth concubine to beat the girl with a feather duster.

the

similar caze

His Lordship observed that such cases were very commen.

Mr. Potter did not think that was so where there was no evidence of systematic cruelty. As for

the appellant, he offered to make all

reparation to the girl. The Chief

after conferring with his learned brother, said the Court bad decided to dismiss the ap

appeal The Court found that the defendant did commit an assault within the

meaning of the

severe

the

CHARGE OF DEMANDING MONEY BY MENACES.

*

which he could infic to offence.

The

Mr. Potter asserted that that was not the case. The appellant had been convic-

A COMMON PRACTICE." éd for a specific instance, if it had been Mr. Potter said that that only sup stated that there were previous instances. ported the statement he bad already

Sergeant Murphy, of the Yaumati proving systematic cruelty, the appellant made, that the girl belonged to the fifth

Police station, has started & campaign would have called evidence to rebut it concubine,

Mr. Potter then proceeded to read from His Lordship observed that a beating

against a certain set of rowdice in his anec. They had the man's own in-district who attempt to extort money the depositions, making a running cora with a feather duster would be a mild

from defenceless women in brothels by ent. The girl had said that she was sort of punishment. accused of stealing.clothing belonging to Mr. Potter replied that he thought the that he got drunk and that he lost his menaces. He produced four Chinese ber with this the fourth concubine. She denied it and man meant the girl to be beaten with the temper and

yesterday, and charged then w was beaten. A week later she was accus handle of the feather duster. It would shown, with beat the child with the stick fore Mr. G. N. Orme at the Magistracy,

vere chastisement. They have been far better, added Mr. Potter, consider the condition of the girl.

The facts of the case were not divulged ed of having stolen a pair of trousers, and when she denied it she was beaten, if the man had never touched the girl at Chinese constable who was called in had to the Magistrate, but it

in Yaumati again.

all-if he had left all the benting to the said that the child was beaten Hack and four men visited a brothears that the His Lordship observed that the appel fifth concubine. As it was, the man had blue on the arms and legs. In regard to and demanded 830, threatening to assault lant had beaten the girl on three succes- to take all the blame,

ansel's contention that imprisonment the inmates, four girls, if they refused to comply with the request. The girls sive occasions.

The evidence showed, continued Mr. would mean the ruin of the man, Mr. Potter believed that was so, but Potter, that the girl bad stolen a bangle Court could say was that they did not asked them to come another day and in- know it would be so. The doctor's evi- formed the Police, who awaited their re- those previous occasions had not to be from a four-year-old girl who visited the It'wna, house, for Chinese New Year.

dence did not justify the setting aside of tarn and then arrested them.

One

of the defendants pleaded guilty. tence was zone too severe for the offence, MTP. W. Goldring, appearing for the

Mr. Pollock asked for costa

second defendant, applied for a remand Mr. Patter said this was an unheard of 'on bail." He had begun his correction well, request for the Crown to make.

had but had gone too far. The girl

Mr. Pollock replied that under Section should not have been on the depositions, earned her beating, and there was evi- 100 the Court had full power to make a because it did not concern the charge dence to show that there was no conspiracy orders to host sa

'considered because they were not in the therefore, not a case where a man beat a the decision" of the Magistrata. The wen-

charge.

His Lordship said he did not care. As child, suddenly, and for absolutely no The appellant had complete had to consider it in deciding whether reason.. the punishment was excessive.

Mr.Potter stated that all that evidence tercation for the correction he adminis

an

Sergeant Murphy: This sort of offence is getting to be a very common practice: It is a perfect nuisance. There is a cer tain class of young men, rowdies, who The defendants belong to this class of The persons.

against the man, There was nothing against her. On the night in question His Lordship said it was not anal for go into these brothels and demand money,

whatever to show that on those occasions there was brought against the girl the the Crown to ask for costs, and gave judg- the beatings were improper in the sense Last of a long series of accusations, of ment for the respondent without costs. My Orme: I hold it is a very serious that they were excessive punishment which at least two had been brought boms. Mr. Potter asked what was the position The special charge was that on May 21st

The mag was the worse for liquor the defendant assaulted the girl. That (though that was no defence) and be was the one and only case which the chastised the girl correctly up to a point, Magistrate had to consider, and the ons and then over-stopped the mark and let and only case he did consider,

himself in for poñíshment.

of the girl, who was now in the custody of the Polion

His Lordship' said he supposed that the Secretary for Chinese Affairs would make provision for her,

offence.

Bergeant Murphy: Most of them are out of employment.

Mr. Orme remanded the case till Fri- day, fixing buil et 1500 cách.

LANE, CRAWFORD & CO

TELEPHONE 1741.

FURNISHING NEW GOODS

DEPT.

THIN

SUMMER.

BLANKETS.

CAMP

BEDS.

FRITISH MADE. GALVANIZED CHAIN MATTRESS,

COMBINATION

BEDSTEADS.

"BLACK & BRASS

FOUR POST BEDSTEADS.

JUST ARRIVED.

SIZE 80 x 60" WHITE WITE

BLUE STRIPES AND BOUND

EACH END BLUE SILK“, $5.50 each.

COVERED IN BROWN.

CANVAS

$8.50 each.

IN ALL 81288

FROM

$37.50 each.

IN THREE PARTS

BIZES 3'0" x 6'6"

$18.00 each;

IN ALL SIZES

FROM

$50 each.

LANE, CRAWFORD & CO.

The

HANDLEY PAGE MULTIPLE ENGINED BIPLANES HANDLEY PAGE LTD.

Cricklewood, London, N. W. 2.

Sole Agents for China:

PEKIN SYNDICATE LTD.,

Sub-Agents for Hongkong and South China;

W. R. LOXLEY & CO..

Fook Lee &

METAL

Peking.

Hongkong.

[048

Co.

HARDWARE MERCHANTS

HOUSE & SHIP BUILDING MATERIALS.

Head Office: 2a, 2 g 4, Hiller St.

Telephone 1174,

Branch Office: York Building, Chater Rd.

Telephone 1950.

[101

WE Powell LINE

TELEPHONE 346

NEW STOCK

OF

WATERPROOF

BOOTS

וי

*IN...

BLACK AND

ALSO

BROWN.

GÓLOSHES

AND

KNEE BOOTS:

RAINCOATS

A SMART SELECTION IN

PARAMATTA, SILK OILSKINS,

AND".

WATERPROOF TWEEDS.

LIGHT IN- WEIGHT. .-

SMART IN APPEARANCE

UMBRELLAS.