1934-12-05 — Page 10

HONG KONG DAILY PRESS WEDNESDAY, DECEMBER 5, 1934.

JUDICIAL REFLECTIONS

Is at a discount. An advocate who possesses such innate quality must keep it rigidly in abeyance during the years when he is laboriously acquiring the prestige which car ries him to the Bench. This brings me to the second, the Judiciat paradox-that the judge whose business it is to possess the judicial temperament, is chosen from the ranks of successful advocates who owe their success to being un- Judicial.

The qualities that make a good advocate are, I imagine, universal- ly understood. The root of 'the talent in not “to make the worse appear the better cause" though miany, after unsuccessful parti- cipation in a law suit, must have drawn some slight consolation from Strepslades' description of the Athenian Law School,

"It's said they keep in there twʊ

arguments-

The better, as they call it, and

the worse:

And of these two the worse, as

rumour goes,

Can always wih, however bad

ita plea."

A Hopeless Gambit It is rather the ability to per- suade, a power which the advocate shares with such diverse charac- ters as the saint and the company promoter, Mr. Ramsay Macdonald, Mr. Hairy and the soap box orator at the Marble Arch. It is the gift of so putting a fairly good reason that it will have the fullest effect. It is a power depending primarily on kricwledge of human nature and appealing both to the intellect and to the passions of its "hearers, for an advocate has to deal not paly with juries of average men but with a judge sitting alone, and many of them have minda far more average than that of the average Juryman. One by no means uncommon avenue of ap- proach to the favourable ear of the Bench is to credit its occupant with omniscience, How often does one hear a statement like this "Your Lordship is of course familiar with the case of Johes v. Council" the Tooting Borough (Laughter.)

I sometimes wonder how often such a gambit creates anything like...the effect #is intend- ed to achieve, It would

not be far from the truth to say that in the majority the

of cases the judge has never heard of the case or has no recollection of it, and such casual references make it difficult for a judge in such circumstances to ask for the citation and see for himself what relevance, if any, the case men- tloned has to the problem before him. (Laughter). For myself may say that at times I have gained considerable moral support from a recollection of John Mar- shall's famous dictum "The acme of judicial distinction is the ability to look a lawyer straight in the eyes for two hours and not to heed

damned. word he (Laughter)

Saya"

- Many Great Judges Buch then is the British method

|

|

(Continued from Eago 7) Chancellor read the address, which siderable local interest the leaders. began "Fully conscious as we are on each side, both of them Ser of our manifald shortcomings."- geants, complained to the Court when the address had been read that they had received threaten through one judge said "Verying letters about the case Maule good Kort Chancellor, but is there hot an error in the first sentence? should it xót be Fully conscious as we are of one another's mani- fold shortcominga?" (Laughter.)

Lord Alverstone once told Mr. Justice Darling, as he then was,

that he thought Kekewich was the worst judge who ever sat on the Bench. "Possibly, Chief Justica", | sald Darling, but there are others whose claims must not be overlooked". (Laughter). It was Kekewich, J., who inspired the uak.ndly opening in the Court of Appeal "My Lords, this is an appeal. against the decision of Mr. Justice. Kekewich, but there are other equally good grounds on which I submit this appeal should be allowed". (Laughter). Edward Marjoribanks tells another good story of Kekewich, When Sir Edward Carson took silk, he, as is customary, went from Court to Court and in each was called within the Bar. Kekewich had risen early and Carson was there- the

1

fore unable to go through ceremony before him. Next day, Carson had a case befona Keke- wich dad when he rose Kekewich sald "I can't hear you Mr. Carson: I don't think you have been called within the Bar of my court. think I should send you home to put on your knee breeches and be formally called". "Oh don't be silly", repiled Carson quite audibly "What was that remark, Mr. Car- son" retored Kekewich" in pained tones. "I thought Your Lordship couldn't hear me? (Laughter) said Carson, and the case went on.

LOCAL CRICKET LOCAL FOOTBALL RACING

IR.C. v. ARMY

The following have been selected to represent the Army in the above Fleague match to be played on Saturday, December 8, 1934, at In- dian RC. ground, commencing at 4.45 pm-

The Lai Wah

Cup Teams

The following will represent the

Civilians in the Fat Wah Cup match against the R. Navy on the Kowloon. F. C. ground on Satur deas

}

NOTES

(Continued from Page 1) -

favourites and never, upon any occasion, take a long shot (12 MACAO RACES

TO-DAY'S RADIO

PROGRAMME

.. (Continuéd from Pare ()

* Pianoforti :—–Tide" A Flat (Chopin), Prelude and Fugus in G Minor, (Bach), pms-Beuker Press Bulletins, London 1 pm' stock and com- modity quotations.

The next race meeting in Macao will be on Sunday and there 1 (9.30 promise of a good days" racing. By far the biggest number of ponies ever to go to Macao will was to 10 pm- make the trorang wily time, and from the looks of the entries it is

15

Licht. Ogera

· Florodora--Selection

(Stuart).— The Bandh ài H.M. Coldstream. Guards.

ז.

The Gelsha-Yocal Gems (Jones)

-Light Opera. Co Rachigore-BEVELIN: Elivan, art. Winterbottom)-The Band af HM. Coldstream Guards.

Rodger TH 5 Club) quite plain on the calds that some Strange (HK Club) C. File (good racing will be seen: I am

not yet. Th a position to say which i Police): Fote-Hunt (HX Club),

of the ponies entered wil be sent į Beltrao (Club de Recreio). Parker (HR Police) B. Gomido" (Club)

over, but assuming me they are de Recreio); Stephens (EK. Po all going, Junge Jim Books Ice), A. V. Gosano (Club de Re- though he will win the mile and creio. E. Stange and Bickford quarter race for 'G" Class where to 11pm-A relay of the "Blue (FLK, Club).

he is carrying top weight. Reserves. Boyes (Kowloon will be conceding 17 pounds to C.), R. Silva-Netto and Bowen Flying Tourist and on 0 course (Club de Recreio), Gough" and that is absolutely fat, this should

Police), Bliss

make a good race. Great Hall Johnson

wil be running in a mile race

He

(Kowloon F. C) Fowler (H. K. Club, Green (BA Police and where there are very many en- Alves (Club de Recreio).

blue-Chief Seattle, Tulicum, Sandy

Colours: White. shbetiss aborta.

Flayers to report at the dressing room Kowloon F. C. by 3:10 pm

Kick-off at 3.30 pm.

listened to them and then: 1ald "Brothers, I too have received

Major V. T. Bonavia, R.A.M.C threatening letters concerning Capt. L. J. Walch" R.A.SC.; Capt. this case," of a very abominable D. B. Mitchell, RA.; Lieut. C. C. character, but it would be Garthwaite, RA; Lieut. J. P. WU- me, sitting on this Bench, to say liams, E. Lancs Lieut. H. B. de what I did with those letters alt-Pritchard, R. W. Pus; C.S.M. T. ting in another place." (Laughter) Evin, & Lancs; Corp. W. H. Col- Me Justice Maule has however edge, RAM.C.; Corp. D. Ballard, one famous judgment to his R.AS.C., Sapr. A. Tucker, RE; Pte. credit, a classic piece of sustained Dewey. I/Lines. trong the report of which is re- Reserve: Pte. B., Baker, E Lanca puted to have done much towards

Umpire:-W.OI R. Jordan, RE' the passing of the Matrimonial

Scorer:-9/Sgt. F. Mood, R.AS.C. Causes Act, 1857, the first statute which legalised complete judicial divorce. In sentencing one Hall days to a far off large boma where for bigamy in 1845 Maute address-the Berkalt lives and there. I said I had come to die for what I had ed him thus "Prisoner at the Bar: you have been convicted of the done to the Karamajong, but they offence of bigamy, that la" to say took me to an old gentleman in a of marrying woman while you had red blanket (laughter) who told a wife still alive, though it is true me to come back here, and as you she has deserted you and is living have always taught us that we njust obey the Serkali here I am." in adultery with another man. You have therefore committed a

I have I fear, in this very dis-Army-th the Lai Wah Cup against crime against the laws of your country and you have acted und: cursive address, trespassed unduly the Chinese on the Hong Kong F. on your time and your kindly C. ground on Saturday, 8th De- a very serious misapprehension of the course which you ought to patience. Before I sit down Icember, 1934 have pursued. You should have desire to say this. As a judge who gone to the Ecclesiastical Court has hardly yet got a comfortable and there obtained against your seat in the saddle, as one who wife a decree "a mensa et there. licks back, at times almost wist- You should than have brought an fully, on many happy and full action in the Courts of Comman years as an advocate, I feel that I Law and recovered, as no doubt and for that matter any judge, you would have recovered, dama- must look for comfort and support gas against your wife's paramour. to the Bar, and never does a Judge Armed with these decrees, you look for that help in vain. How should have approached the Le different the two lives are it is gislature and obtained an Act of hard to describe. The task is be- Parliament which would have ren-yond me so I shall do it by quota- dered you free and legally com-tion. Stevenson in "Welr of Her- petent to marry the person whom niston" thus describes the satis- on yourself to factory life of a busy advocate "As you have taken marry with no such sanction, I he tolled into the night, he tasted is quite true that these proceed deeply of recondite pleasures. To be wholly devoted to some intellec- ings would have cost you many

Judge and Advocate

Dicken's Stareleigh Another thoroughly. bad judge was Cazelee who has been immor- talised by Charles Dickens as Mr. Justice Stareleigh who presided at the trial of Hardell versus Plck-hundreds of pounds, whereas youtual exercise is to have succeeded

wick. You remember the descrip- tion of his deafness and irritability in connection with Sam Weller's name.

You did, Sir, replied the judge with a severe frown How could I have got Daniel on my notes

unless you told me so, Sir?

Yet ever he has one great pro- nouncement of a legal principal to his credit "What the girl told the soldier (Laughter.)

is not evidence."

commencement

(Laughter).

you

The following will present the

trics. He should' get very near

Rhythm" Band from the Sal- lors' & Soldiers' Home (by "courtesy of the Committee), 10.30 p.m-Reuter Press Bulletins, Rugby mid-day Press news, further London stock

and commodity quotations.

11 p.m.-Close down.

BERLIN EROGRAMME

(Germ. Engl.),

非

Bay, Partnership, King's Parade 9 p.m.-Dja, Dja Announcement are all in this race. TWO GOOD 'UNS.

Here are two good ones to`re- member If you should decide to go to Macao. Solar Star was not badly beaten at all at Happy Val ley, and should be remembered Br, Durham R. A.), Pte. Swain, when he starts at Macao. Rac- (East Lancashires) Pte. Morri-ing Pluck (with his weight down son (S.W.B.); Pte. Davies (3.WB.), to 148), should do well as he is in several races and Gr. Pardoe (RA), Cpl. North entered (East Lancs): Cpl. Baldry, (Lin; might be able to start where the coins), Gr. Edmunds (RA), Cpl opposition la not too strong. Higgins (Lincolns). Cpl. Ridley (Lipcolna), Capt. and Pte. Eng- lish (Lincolns),

Reserves-Fus Rawcomer R Gr. Harris (RA), Cpl. W.F.). Smith (East Lancs), Pte. Robson, (Lincolns), Sgt. Malpas (Lincolns) and Gr. Smith (RA).

Colours-Red

white

shorts.

%.

shirts.

LAWN TENNIS

Competition Results At The CCC.

The

Kick-o at 3.30 pm. The following will represent the

American Lawn Tennis Chinese, in the La! Wah Cup

the Hong Tournament held at the CCC. on against the Army on Kong F. C. ground, on Saturday, Sunday, December 2, in which there, were 28 competitors, resulted. 8th December, 1934.

h a win for Mrs. R. R. Wood, with Wong Wing; Lau Mau, Lee Tin

Chan Leung Mrs Summons as runner up in the Wing Chuf, Lee Kwok Wal; Tso Ladles Section, and Mr. A. A Kwai Shing, Wong Mee Shan, Lewis and Mr. R. R. Wood dual Fung King Cheong. Tam Kong winners in the Men's Section. Mr. Pak and Ip Pat Wah (South Lewis and Mr. Wood tied for Arat place with a total of 37 games won China A-A).

Reserves-Ho Ka Keung and out of 45 games played Fung King In (Chinese Athletic) and Tay Keel Liang (South China. AA, 2

Kick-off at 3:30 pm.

in life: and perhaps only in law probably have not as many pence.

and the higher mathematics, may But the law knows no distinction

devotion be maintained, between rich and poor. The sen- this

sumice to itself without reaction,Bang: Leung In of the Court upon you. tence therefore is, that you be imprison- and find continual rewards with

out excitement." ed for one day, which period ha

about the What can one say. already been exceeded, as have been in custody since the judicial life that is for a moment of the Assizes. comparable with that wonderful description? I have found my parallel in Sir John Fortescue's A Kenya Story

treatise "De

Laudibus Legum Barier in his talk I referred to Angliae." He was, you remember, the Olympian heights to which the great "Chief Justice in the reign Another undistinguished holder

public opinion elevates a judge of Henry VI., and during the Wars of high judicial office was Lord This is not always so, unfortuna-or the Roses fed to France with Cranworth who was appointed to tely, and certainly was not so in Queen Margaret and the Heir Ap- the Woolsack when Lord Westbury

one case in Kenya. A"young Buk parent. Prince Edward, to whom fell into disgrace. After his ap-warrior having come to an age at his essay is addressed. Of Judges pointment he went to Windsor, which he felt that tribal initia he has this to say "You are to and the story goes that Queention into man's estate was his due, know further that the Judges of Victoria took Lady Cranworth" for

elected to prove his manhood to England do not sit in the King's a walk on the terrace after dinner,

the traditional way. by blooding courts above three hours in the and laying an affectionate hand

His spear Lack "attended his day, that is from eight in the on her arm said "My dear do not

efforts for he soon met two Kara- | morning" "if eleven. The Courts recent events teach us how much

majore shepherds and slew them are not open in the afternoon. wiser it is to be good than clever?”

both. He returned to his village, The aulters of the Court betake (Laughter.)

recounted his bravery and claimed themselves to the pervise, and His reward. Unfortunately is cther places, to advise with the exploit got to the ears of the Sergeants at Law and others their police and be was arrested. No counsel, about their affairs. The bodies could be found, the hyenas Judges when they have taken their and vultures had seen to that refreshments spend the rest of the and he was duly committed for day in the study of the laws, read- trial on evidence that conslated ing of the Holy Scriptures, and wholly of his own confessions to other innocent amusements," at Two types of judges, at one time his chief and to a police officer their pleasure." (Laughter.) · It by no means uncommon, are hap-|He realised to the full that the seems rather a life of contempla-

punishment in store for him was tion than of much action."

History and Necessity In my early days at Edinburgh two well-known occupants of the Bench were commonly known as History and Necessity. Necessity because he knew no law, and His- tory because he repeated himself. (Laughter.)

and that

of recruitment for the great offer of judge. Like many other mat- tera of first importance which we undertake haphazard it has work- ed surprisingly well, and England. Scotland, and Ireland have reason

Str. F to be proud of many great judges.pily unknown in these days They For every one of these however. are the cruel fudge and the un- death, and before leaving his vill-do not complain. It is true that there have been a score of good dignified judge.

age he bade farewell to his friends a three hours' day for Judges has In the former category the most and relatives and

divided his long ceased to be enforced: yet, in Bound relatively undistinguished

notorious is probably. Lord Brax-cattle and goats among them. judges, and every now and then

spite of the longer hours during In Kenya the Indian Evidence which the Courts sit, in spite of the one finds a really bad one, and it field the nineteenth Century Judgė. is with those that I am primarily of the Scottish Court Of Session Act is in force, and that statute correspondingly greater strain put real whose life inspired Robert Louts contains a provision making in on these savourers of recondite concerned. One of the charms of the system is that" Stevenson's "Welr of Hermiston" admissable in evidence any con-pleasures, the Bar, there is stili.. Bench and Bar are professionallySo coarse and bullying was he that fession made to or in the presence thank God, some opportunity given

some of the well-authenticated of a police officer. When the ac- for such innocent amusements as one, Elevation to the Bench may

least stories of him are hardly credible. cused reached Nairobi the Law a round of golf at Fanling, a bathe segregate its occupant, at

To one man accused of felony officers at once realised that the at Repulse Bay, a day's racing at publicly, from his former collea-

oficer Happy Valley, or a tiffin with the ques at the Bar, but it cannot who had made an able defence he confersion to the police break or diminish old friendships, said "You're a clever child, man, was inadmissible

the Rotary Club such as that which to- nor can it remove from the mind but you'll be none the worse for only chance of a conviction was day I have been privileged to at

to get the Court to admit the content and I hope, in some small of a barrister the knowledge that a hanging,"

In the famous Müir's case, one fession to the accused's chief, who measure, to contribute to. Coud the new Judge has certain known weaknesses. Dr. idiosyncrasies of of the jurors after an adjourn under the system of native ad-applause)

ment arrived late and was thus ministration performed many Upon being called upon by the which the barrister in the inter- ests of his client is entitled to greeted, from Horner, and help us or the duties of the police. When Chairman to propose a vote or take full advantage. When Bay-to hang one of those damned the case came to trial the Judge thanks to the speaker, Mr. Thomse Mr.. 8 Thomas, my very good Tam, a member of the local Bar, Joy and Madle went the Western scoundrels. Come away."

Grumbest of all. I think. was friend who is now Chief Justice af said: Circuit together the story goes

ordered his address to a man convicted the Federated Malay Biates, right- that Bayley one day

of the larceny of a watch then ly held that the confession was claret. "Claret he damned" said

"You snatched inadmissible and the accused was Maulo, "drink common porter and a capital. offence.

at tffie: my mannie, and you have discharged, Bewildered and lost. bring your understanding down to

in such an environment, and not the level of the judges". Both or caught eternity." (Laughter)

understanding what had happened them subsequently became judges,

Of the other type of judicial to him, the Buk made for home, and whether it be the effect of porter or not, neither of them ever mentality two stories will suffice and after a long journey of about attained any great judicial emin both told of Mr. Justice Mania. three weeks reached his village. ence. Among the judges, too, rela- Counsel before Eim had dimculty Naturally be at once asked for the Htions are inspired by a spirit of with his aspirates, and irritated return of his stock, the most pre- friendly and tolerant criticism, the judge by constantly referring clous possession of every East and from their august meetings to the "Igh Sheriff. Finally African native, to be countered by of understanding and sympathy. I Tule secrets have at times leaked Maule burst out "Igh Sherif. "Igh the intimation, that officially and have very much pleasure in mov- out, two of which are perhaps theri, who's he? I never heard governmentally he was dead and ins and I consider it, Sir, a mark worth repeating. When Queen of lum. 7 hare heard of a bum therefore incapable of owning pro- of distinction to be called upon to very hearty vote of thanks Wictoria came the throne the bail but never of an Igh perty I know that he replied to move,

his chier, but let me tell you to His Honour, the Chief Justice Judges met to prepare an addreas Sherif" (Laughter)M

case which aroused, con what happened. I went for many (Applause.) gof dutiful welco

Two More Stories

It is indeed very fortunate fox to have had the pleasure and privilege of hearing His Honour the Chief Justice speak to us To BETICE many of us, it is not only a of reminiscences with observations thereon but it is a revelation of the innermost secrets of that Im- penetrable holy of holles, the Judicial mind. We realise now that beneath that scarlet cloak there reposes a human heart, full

:4

The final of the Men's Doubles Championship of the Club played win for Mr. J. W. Leonard and Mr. the previous Sunday resulted in a

German Folk Song..

Programme Forecast (Germ..

Engl.):

9.15 p.m. Songs of Advent. 9.30 p.m.-Fairy Tale Time. 0.45 p.m.-News in English on Dja

and in Dutch on Din.

10 p.m.-Selections from the Opera "Der Wildschutz," by "Albert Lortzing.

14

11.15 p.m-News in German on

Dja and Djn.

11.30 p.m.-Concert of Light music. 12.15 am-News in English on Dja

and in Dutch on" Din. 12.30 am-Close down Dja, Din

(Germ.. Engl.).

FOOTBALL CUP REPLAY

London, De? 3. After two replays New Brighton beat Southport by goals to 1 on the Everton ground to-day to qualify to meet York in the Becond Round of the F. A. Cap on Saturday at York.- Reuter.

HOME RUGGER'

London, Dec. 3 In a friendly rugby flaturs to-day Rosslyn Park and Oxford University drew with 11 points each.

In another Exture, Northampton bent Cardiff by 11 points to 3.- Reuter.

W J. Howard over. Mr. A. V. Go- sano and Mr. R. Choa by the odd set. in 5.

+What+

shall I give?

A happy solution to this weaing problem (one that has proved, muccessful for many year) is: Capstan.

After all, when: a"man" walls treesbling in fear that he may receive a gorgeous but unwearable the or pair of socks, what can bring back the cheer to his heart more than his favourite smoke?

For this purpose you can buy "Capstan - everywhere in special tastefully decorated Christams packing-6 tins of fifty to the cartonat no extra cost.

CAPSTAN

for Quality!

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