Page
THE PENANG,„, MILLIONAIRE WILL CASE."
PROSPECT OF FURTHER PROLONGATION, "MAKING A MOCKERY OF
COURTS,"
THE
A discontine profeet has opened up in the Penang millionaire will ense which has been before the Chief Justice in the Supreme Court more of less continori siner last December. agreement was apparently 'come to in Chanabees not to go into certain aspects of the unse in the hope of shortening it,
THE HONGKONG DAILY PRESS, WEDNESDAY, JUNE 28TH, 1992.
NEIGHBOURS AT VARIANCE CORRESPONDENCE
SUMMONED FOR USING INSULTING
LANGUAGE
་་
A NEGLECTED MUL TSAL. SMOTHERED -EN-*** PICH" AND
BEATEN WITH FIREWOOD. The attendance of a muniber of Chinese women of all classes when a charge of assaulting a mini-tari „was brought before Julyan, senior clerk of the Public" Works
The reinuril ense in which Mr. Peter
THE WATER SHORTAGE,
TO THE EDITOR OF THE HONGKONG
DAILY BRESS."]
Sik, -While the Government restricted
Mr. Hamilton in the Palice Court, Department, summoned Mrs. Gutierrez the supply of water in the different dis- yesterday, was an necuraging indicar using insulting language towards Mr.tricts of the Colony have to express sion of a more sensitive publie conscience Julyan's laughter, enne-up for hearing through your valuable columns the feel- amongst the Chinese où this question. The
Magistrata tink the opportunity, in deal at the Magistracy, yesterday moming, Aning with the defendant, to anke some before Mr. Lindsell.
observations calculated to impress the audience as well as the pers before him. Li Pak Mai, a woman apparently, in moderate circumstaners, was charged with
Mr. F. E. Nash appeared for the pots plainant Boyl Mr. Russ for the defendu. Mr. Nash, in outlining the case, said that the complainant had seen 35 years
ings of the inhabitants in the Colony,"
4-Why should Snipingjian district he restricted first, and Wanchai be Restricted"second, while the Central still has the privilege of using water without a limit?
-The previous few days' henyy raias fell. but still the restriction cu tinues while fighting for water is seen in every, street and it is rumored all over the Colony that the Government have so much" water' a të supply Macao.
We understand that when tho Cotong backed rig or feewooil the Government tried every way to pre- yent any shortage of supply to the inhabitants. Why, therefore, can- not the Government supply the inhabitants with Prough water (which, in comparison with rice and frewood, is a far smallor, question ? In the first case I am sure the prople of the Central District do not pay more
if“ poscilde...., Yesterday afternoon, a disassaulting her wri-boni on June 14th. of Government sövvier and that he nisa pate mouse as to terms of this agreement The it, a child apparently belived at No. 15, Robinson Rd. The defund- and the suggestion was made that, w tween eight and ten years of age, statedjant, Mrs. „Gutierrező lived at No, "17, great deal of fresh" material would have that he mistress beat her with a pieseles. Gutierrez's children, annoyed, the to be opened up, postponing still farther of firewood and, when she cried, threaten- | complainant. frequently by throwing the end of the interiainable case.
al to beat her still more. She took the stones into his garden, and they decid The object if the case is to determine first chance of getting out of the house Miss Julyan. Instead of checking the whether the claimant is the son of the fand the neighbours adviæd her to go to children Mrs. Gurierrez occassionally testatur or tot, or whether he is imper the Police Station, which she did. The took part with them. On, the day in sotating a dead son of the testator iki atlled that she was kidnapped from question while Miss Julyan was pröered- There is a great deal of direct evidence her parents and sold to her present mising along Robinson Road she met Mrs.
The defence 'tress and inferential evidence.
Gutierrez who shouted 'out that she was understood that ail reference to the in Dr. J. T. Smalley, Giovremment medi.
the daughter of 1 concubine. Mis direct evidence was harred by agreement (cal officer, deposed that he examined the | and they, objected to Mr Bruttin deak frhild on June 11th and found a whole duly felt this stur very much. The de tases to the Gloverginent, and, un the fendant rock no autice of a solicitor's father hand, the Government will not ing with documents "which they held to series of begin upon her, of øven date." be indirect evidency,
There were there on the back of the left letter that was sent to her, and only think that they are more rich or more Mr. Eldon Potter intervened with anthigh, three on the front of the right finally, desisted front jeering when noble people and for these reasons should objection whilst Mr. Brutton was ac- thigh, one in front of the left thigh, one ceedings were brought against her by have better treatment."
In the second and thihi eas no matter at the back of the elbow, our at the back the complainant. dressing the Court.
whether the Government have Me Brutto: Lau got confined to fel one shibulder and one is the buttock. direct evidhure of sheath. I am dearly ↑ The bruises must have been caused by blows with something fairly broad: not a The Chif Justice: If this case is sharp instrument. They were not severe, going to entirely moupolise the work but they were not small.
The girl was absolutely smothered in of the Court 1 am going to take if one day a week for the next twelve months. itch," added the doctor; put a square 1 will not allow this Court to be made a finch of the body was free," mockery of as it has been since the Penang case started. "have spoken strongly about it, already, and if this is going on I shall take the other work of the Courts and give a day only to the Penang case.
entitled
Th
1.
Mr. Brutton: In "fairness to myself think it is only right-as I see the re porters are here to point out to your
....
The Magistrate: Did it show any signs of "having been ander" greatment 1
Dr. Smalley: 1 would not say whether it had been treated: it wanted treatment badly it was in a very active state.
Otherwise, was her general condition good or bad-Her general condition was well nourished
Are you of opinion that those bruises
have
Mr. Russ said that his client dick, mut deny the use of insulting language. not supplied Macao with water, rice and said, that provocations came from the firewood are far harder tinget than water, other side as well. On the 11th June the overament did their best to while Mrs. Gutierrez was coming supply the inhabitants. Why in this from church Miss Jung stated at her the Government not try to obtain enough smaller question, the supply of water, did Mrs. Myers who was with Mrs. Gutierrezi
water to apply the population I at the time asked if the girl was Mrs.
Fighting is seen everywhere on account Jalyan's slaughter. She replied that she of water, and those who live top twora was thể naghter of a concubine.
or higher stories enn never get a drop of water. 1 hope the Government will see their way to relieve the juhiabitants of this hardship,-Yours, etc..
In reply to the Magistrate, Mr. Roy said that if the prosecution would agree not to make faces at his client sae would undertake' nut' to annoy the chan pixinant's family in the future.
„A“ HONGKONG IN HABITANT, Hongkong. Jane 97th, 1999.
Mr. Nash said that, as this has not happened in the past his client was COCKNEY Lordship that this action was irought were consistent with the proper chastiserepared to enter into any undertaking!
here because the two principal defendants are here: all the principal people in i
ment.
not severs; i admit it is pretty generally distributed all over the boily, but it is not anything like as bad as I have m
Mr. Dulan was the first, witness called
MASQUERADING
IN THE KILT."
IT THE FORTOR OF "THE HONGKONG DAILY PRESS."}
ent which it is necessary to inflict on children 1-1 do not call.it severe panish-and said that he had been in Guveth-
fe looks as if it had lar done are here, all the witnesses for the piar with a bit of fires on. The bruising isent emploresince 1888,, le had lived | tiff are here, with, the "ription of two
at his present address 'for three years ShE. -Ilka Iussie has her faddie, and -There is money in the Colony belonging
Mrs, Gutierrez had lived next rika Anglo-Saxon a right to this. wek to the estate, and "it is an action for an
|for nearly a year. The trouble, he sand, MILTADOS. account. Supposing we had brought this Dr. Smalley added that apparently the had been going on for some time. Fisika speaker may then perhaps he jer-- action in Penang, the plaintiff, bekoman was administering a beating in neighbour's children clinked the garden misted to drop, in familiar address into unknown "there, would have had to give the usual, plner and the child wriggled wall, throw stones into the garden and, in orcasional colloquialism. security for costs and "all "the witnesses and received any blows on the front of with the aid of a peashooter, blew peas
Acquaintance with more than one dia- the thighs.
leet of Lowland Scotch persuades me that would have had to be taken there..
The Magistrate: Are they beniges you into the rooms of the house, - The Chief Justice: If application bad would have felt ashained to ser on your Mr. Nash: Did they make use of any that is the height of my offence, an "quite aware that others of timt-ilk" is been made to me in this case to change on children, indicted by yourself
Witness: Oh, pes, they used obscene | ngisher logical por precise, though it is the venue I would have ilone it without the slight hesitation.
language.
not a cockbryism. However, bad I known it would have astounded "Mr. Brutton:
purist filmost.or quite out of his courtesy I would have used another expression.
J. KIRK MACONACHEE.
And you would have debarred the plaintiff from any rights
whatever.
Dr. Smalley: Personally, i should not us to that length.
They are on the border line of severity -Yes, but they were not done with a very by hand, whatever they were done with.
words? ...
11
Yours, t
Continuing, the witness said there were a number of children, but the three older Dr. Y. S. Chung "medign officer in
were the worst. These three were he charge of Hunghoo Chines Public Dis The Chief Justine Anyhow, that is pensary, was called at the request of thetween the ages of 12 and 14 years. In not the question now. Apparently after defendant. He said the child was consequence of this trouble. Mr. Julyan brought to him in March, suffering from an attempt to narrow the issue the whole bronchitis. He had no note of its having referred the matter to his solicitors and Hongkong, June 27th, 1929. question is to be discussed over again. itchen.
a solicitor's letter was sent to the le
The Magistrate (to defendant)
Evi-
It is n pare waste of time. Why did you dence has been given that this girl has fendant, but the children did not desist
been beaten.
from their annoyance. Witness added Defendant: I deny I have assaulted, that Miss Julyan was his wife's daughter, her. She was in that condition when
he came to me first, in the tenth moon Cross-examined by Mr Russ, the
agree to narrow the issue at all?". If you say at puce,." I ought not to have agreed to anything," that is quite frank but you agreed to nurrow the issue and that | last year." agreement is absolutely a farce.
Then, how do you account for the" hruises?-She bad skin disease when she
Yes,
Mr. Praton: No, my Lord, if you came to me you don't get bruises with will only listen for one moment, it is not skin disease-She scratched herself.
· farce, because if you come to the conclus In March she had no sign of skin dis sion that this boy is alive, what difference case. What about her bruises I did not
atrike her much.
ness said that the trouble came from the defendant and her children, and not
from other children
Mrs. Russ: Does, not your daughter shout at her!
Witness: Xn.
Mr. Russ; Did not your daughter beat Witness: Yes," she did; it was a rabil
does. If make whether the bonks are The Magistrate: Ind you guilty of forgeries, whether the accounts are, cor-anamault But for the fact that Dr. their dogs! rect, or whether the right name is on Smalley says she was well fed and not
1134
some
She stares at as every time she sees
added the witness.
In cross-examination, Mr. Nash asked: 1 Miss Julyan didn't look at you she would run into you. She would not be able to see if she kept her eyes on the
ground?
Witriess: Oh she stared at me in a queer, way
į
ના
Mr. Nash: "How would you like to be called the daughter of a concubine?—I
simply replied that Miss Julynn was the
the tombstone? if you are satisfied he ischgerously hurt, I should have sent you I dog with faming eyes and foaming daughter of a concubine.
to prison without the option of a fine.
but
alive, and the family treated him as Not only was she severely beaten mouth. alive, there is an end of the ease. So it nething was being done to treat her skin
disense. Buch
people as you are
not fit docs narrow the issue absolutely. In to have charge of children; it is persons the same way, if you say I am satisfied like you who have brought the whole mux system into discredit and ruin. the boy is dead" that is the end of the 1 fine you $160, and in default of pay case. You have heard all Mr. Potter's ment you will have to go to prison for evidenco as to death I am asking you this child be taken from your rustody and two months It is further directed that
handed over to the B.C.A.
to hear me as to life. ́
2
The Magistrate: That was not a very tactful remark to make when anybody. else could bear.
The Witness: I simply replied to Mrs. Myer's question.
The witness: She was at some dis- tance.
The Magistrate: Yet she heard your
remark. I expect she was meant to hear
it
Mr. Russ: Did she kill it -No. Your daughter..stared rudely and mude faces at Mrs. Cutierrez 1-You can't help looking at a person.
The Magistrate: Don't you think you Both sides oake complaints about themight have waited until she was out of hooligan of a boy crime to live by us and other 1-We were pt Peace until that hearing.
Mr. Potter: Your Lordship has not
started causing trouble. He has been. heard anything like all the "evidence 'as
expelled from more than one school in Mr. Potter The only saggestion I can the Colony already. to death, but the direst evidence only.. make is that you should treat this case
Mr. Brutton: I could not possibly have as though you had stopped, ne-and called After Miss Queenie Julgar, daughter agreed to what Mr. Potter contends. In Mr. Bratton. It sucias to me Mr. of the last witness, had given evidence, I consented "os" behalf of my client, ali Brutton is to blame for this misunder Mr. Russ submitted that there was no standing, and that, therefore, the only I can say is he could sue me at once for logical conclusion is to call on him to evidence produced which was likely "negligence, because I am cutting out all go on and allow him to argue any moral cause a breach of the peace.
point he likes and then hear us on those documentary evidence" in the case.
The Magistrate did not agree and the points. Then, if he likes to reply, let The Chief Justice: It is very unfor him do so. I do not want to stop him evidence for the defence was called. tunate that the agreement was arrived! have not the slightest objection to Mrs. Edwijges María Gutierrez said at in the terms it was in 'Chambers." Mr. Brution's having the last word. 1
Mr. Brutton 1t is, and it works do not get any tactical advantage.
that on the fith June she was returning grenter hardship on me than on anybody. am only trying to make some suggestion from mass, walking along the road with The Chef Justice: You must pro for getting rid of this radless case. her children; her husband and Mrs. Myer -csed to-morrow morning, Mr. Pottár: Mr. Brütton: I really must nak that.
Mr Potter: I do not think I possibly Mr. Potter should finish his address to were walking behind. Miss Julyan fase can; with the greatest deference to your your Lordship, otherwise I do not knowed by and stared at her. Then Mrs. Myer that the remark was made with the in Lordship. I shall have to go through the what I have to meet...
asked: Ta this Mrs. Julyan'a, daughtention of annoring Miss Julyan, and whole case and look up every point in
The Chief Justice: Then adjourn the case for a month..
-(Confimed at faqt of next column.)
The Witness: She may have heard it? The Magistrate (sternly) Then you had no business to make it.
Mr. Maria Mackintosh Myer corro- borated Mrs. Gutierrez's story 'and add- ed that she did not know Mr. Julyan's family very well, but later admitted in cross-examination that she had heen to
his house at a birthday party..
The Magistrate, in finding for the complainant, said that he was satisfied
Mr. Potter! I think the only logical ter? 1 replied: "She is the daughter that such a reick was likely to range a
The Court will of Mrs. Julyan's sister." There was no breach of the peace. Bis Worship bound
thing is for Mr. Brution to go on.
The Chief Justice: adjourn until to-morrow morning.
The Court then rose.
other provocation except staring.
(Continued at foot of next column.)
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