1900-02-01 — Page 2

To-day's Advertisements.

HONGKONG, CANTON AND MACAO,

STEAMBOAT COMPANY,

LIMITED.

NOTICE TO SHAREHOLDERS,

THE SIXTY-SEVENTH ORDINARY HALF YEARLY MEETING ofSHARE-

THE HONGKONG TELEGRAPH, THURSDAY, FEBRUARY 1, 1900.

Intimation.

18th December, and 19th December 1899, to 3rd January, 1900,

6. Report of five more cases of Bubonis Plague at Kobe since the 19th December, 1899 and a further report of no fresh case since 4th January, 1900.

7. Report that no further cases of Bubonic A. S. WATSON & Co., Plague have occurred at Nagasaki since the

15th December, 1899.

LIMITED.

IMPORTERS OF HIGH-MASS-

HOLDERS in the Company will be held at the SHERRIES.

OFFICE of the Company, No. 18, Bank Build- ings, Queen's Road Central, TO-DAY, the 1st February, at 3 M. for the purpose of receiving a Report of the Directors, together with a Statement of Accomms, declaring a Dividend and electing Auditors,

The TRANSFER BOOKS of the Company will be CLOSED from the 19th January to the 1st Februarý inclusive.

By Order of the Board of Directors,

Hongkong, 1st February, 1900,

B.-SUPERIOR Pale. Dúy, dinner wine, Green Seal Capsule

Par That

Chi

8. Report of a case of Bubonic Plague at Rangoon.

...

9. Mortality Returns from Macao for the weeks ended the 7th and 14th January, 1900, 3 10. Mortality Statisties for this Colony for the weeks ended the 6th and 13th Janutury. 1900.

CRIMINAL LAW AND ITS HISTORICAL DEVELOPMENT. ¿ LECTURE DEFORE THE OLD VOLUMES SOCIETY,

BY THE ACTING CHIEF JUSTICE.

་

(Continued.)

PROCEDURE AT THE TRIAL.N

1

comparatively rare. Even in such private pro | Infangthie/were usually conceded to the lords secutions, the Indictment has to be signed by of townships, which conferred the right of the Attorney General.

summarily executing thieves found on their NECESSITY FOR A CODE OF CRIMINAL LAW lands. Strangers were regarded with suspicion, It seems very strange, and it indicates the for Ina's laws provide that "if a far coming necessity for oiling the wheels of the Legisla man or a stranger journey through a wood out tive Machinery in England, that we have no of the highway, and neither shout nor blow his complete Code of English Criminal Law. If horn, he is to be held for a thief eiker to be Parliament has had the inclination, it has not, slain or redeemed." Ina was king of Wessex and published a collection, of laws about A.D.

༣.༤ found time to pass such a measure.

693.

Assuming, however, that the accused escaped summary hanging the process of investigation into a charge of theft seems to have been somewhat as follows-First, in order to sco that the charge was made bond fide, the accuser had to swear he accused not “for hatreil, envy, or un'awful lost of gain."

It is to be lamented that King James did not accept Lord Bacon's offer to digest the laws of England as they existed at the beginning of the seventeenth century, Sir Robert Peel, speak ing in the House of Commeas in 1826, said that the Lapse of more than two hundred years had increased the necessity of the measure which Lord Bacon, then proposed. It is estimated by achope ent authority that in the middle of the The accused man, if he denied the charge, thirteenth century, sine twenty sections would then had to swear to his innocence. Then have sufficed for a criminal code, while in arose the question of personal character. The Lord Coke's day; possibly eighty sections, system of sureties and Frankpledge simplified carefully drawn, would have been sufficient. this. Ethelstone's law, for instance, ennered it is true that some portion, perhaps nearly that the lord or his steward should answer for half of the Criminal Law was consolidated all his men. If the man's character was good nearly forty years ago. The Consolidatian he might be tried by "Compurgation." But, i need only only touch lightly on the trial toActs of 1551 dealing with accessories, with if he could not procure the requisite persons to which all these formalities are the preliminary, offences against the person, with larceny, with swear to their belief in his innocence, or if his for a criminal trial now differs in very few points malicious injury to property, with forgery, and general character was bad, or he was a from any ordinary civil cause, and its course is with coinage offences, although somewhat cum-stranger, he had then to submit to the Ordeal. well known. At the present day any accused brous in their structure and very deficient in person may retain counsed for his defence. it definitions, are very useful Acts. But a Code seems strange us now that until 1136 a of substantive Criminal Law and also a Code prisoner charged with felony was not allowed of Procedure are sadly needed and in the to have the benefit of professional advocacy. absence of such codes one can but admit the Yet such: was the case, and I may add, in pass justice of the description of our, law as "a cur- ing, that it was not until 1747 that a full defence ious combination of Common Law and frag- counsel" was allowed in those accused for ments of innumerable statales, welded into a by treason. The accused man is first of all whole, only by the industry of text writers who arraigned, that is, called to the bar to plead have assimilated and collected the immense to the charge made against him. There are materials afforded by ancient treatises, case law, now only four possible pleas, the person charged and the statute law." with felony can plead "Guilly," "Not Guilty." "Autrefois Convict." Of

· Autrefois Acquit," B, C, and CC are excellent dinner course, the last two pleas simply allege a pre-

vioustrialand acquittal or conviction of the accus Wines and suitable for invalids and ed as to the offence charged in the indictment.

D and E are

But the usual plex is "Not Guilty" and that plea delicate stomachs.

puts the prosecutor upon the proof of every after-dinner Wines of a very superiorthing necessary at law to prove the prisoner's guilt. If the accused is obstinate and declines vintage. All are true Xeres Wines, to plead at all, a plea of "not guilty is

$10.80

C-MANZANILLA,

T. ARNOLD,

Secretary

NATURAL Capsule

PALE SHERRY, White

12.00

[684

ZETLAND

LODGE,

CG-FUPERIOR OLD DRY, PALE NATURAL SHERRY, Red Seal Capsule

12.00

No. 33, E.C.

-VERY SUPERIOR OLD

White Seal Capsule

Toh

E-EXTRA SUPERIOR OLD PALE DRY, very finest quality, Black Seal Capsule Bottled; -

d

REGULAR MEETING at the above | PALE DRY, choice old wine,.

A LODGE will be held at the FRELMA

SONS' HALL, Zetland Street, TO-NIGHT, the February, nt. 8,30 for 9 pan. precisely, Visiting Brethren are cordially invited to attend.

Hongkong, rst February, 1990.

CHINA NAVIGATIONI COMPANY, J.IMITED.

FOR SHIMONSEKI AND KOBE.

THE Company's Steamship

"CHANGSHA,”

Captain Moore, will be despatched as above on MONDAY, the 5th instant.

The attention of Passeners is directed to

the Superior Accommodation offered by this Steamer-The-First-class- Saloon is situated.. forward of the Engines.

A duly qualified Surgeon is canted and the Vessel is fitted throughout with Electric Ligin.

For Passage, apply to

"BUTTERFIELD & SWIRE.

Agents.

Hongkong, 1st Febanary, 1990.

fash

FOR NEW YORK VIA SUEZ CANAL. THE

"HE Steamship

"MIRCHTOR,”

will be despatched for the above Port on or about the 27th instant and will be followed by

S.S. ST. REGULUS."

For Freight, apply to

DODWELL & CO., LIMITED, Agents,

Hongkong, 1st February, 1900.

NOTICE TO CONSIGNEES,

THE P. & O. S... Co.'s Steamship

"CHUSAN,"

[13315

FROM BOMBAY AND STRAITS. Consignees of Cargo by the above-named vessel are hereby infouned that their Gunds are being landed and placed at their rish in the Hongkong and Kowloon Wharf and Godown Company's Godowns at Kowloon, where each consignment will be sorted out. Mark by Mark and delivery can be obtained as soon as the Goods are landed.

Gonds not cleared by the 7th instant, at 4 P.M. will be subject to rent.

No Fire Insurance will be effected by me in any case whatever.

All damaged Packages must be left in the Godowns and a certificate of the damage ol tained from the Godown Company within ten days after the Vessel's arrival here, after which no Claims will be recongnised.

H. A. RITCHIE,

Superintendent.

Hongkong, 1st February, 1900.

THE CHINA MUTUAL STEAM NAVIGA- TION COMPANY, LIMITED.

NOTICE TO CONSIGNEES.

FROM GLASGOW AND LIVERPOOL..

THE Company's Steamship

*TEEN KAI;" having arrived froin the above Ports, Consignees of Cargo are hereby informed that their Goods, are being landed and placed at their risk in the Hongkong and Kowloon Wharf and Godown Company's Godowns at Kowloon, where each consignment

will be sorted out mark by mark, and delivery can he obtained as soon as the gands are landed.

Noon will be subject to rent.

*}

Goods not cleared by the 7th instant, at No Fire Insurance will be effected by us in any case whatever.

All damaged packages must be left in the Godowns, and a certificate of the damage obtained from the Godown Company within ten days after the vessel's arrival hero, after which no claims will be recognised.

Optional Goods will be landed here unless instructions are given to the contrary before Noon, TO-DAY.

JARDINE, MATHESON & Co.,

Agents. Hongkong, 1st February, 1900, (1516

Mr, Tubby,—" I eat Ruttonjee's Broad !" Mr. Spindieshanke."I don't!

'BREAD: BREAD BREAD!!!

MR. H. RUTTONJEE begs to inform his numerous Patrons that he is now pre- gared to deliver BREAD in WANGHAI and the EAST END of thie City between the hours of Band 7 A.M.

∙CUSTOMERS requiring BREAD to be delivered are requested to kindly, notify the

H.. RUTTONJEE, 13 & 15, D'Aguilar Street. Hongkong, 20th January, 1900,

spine to

E34

14.40

20.40

Sample bottles and smaller quanti- tios will be supplied at proportionate wholesale rates.

We only guarantee our Wines and Spirits to be genuine when bought direct from us in the Colony or from our authorised. Agents at the Coast

Ports.

A. S. WATSON & CO., LIMITED, QUEEN'S ROAD CENTRAL.

Established A.D. 1815.

DEATH.

The Hongkong Telegraph

HONGKONG, THURSDAY. FEBRUARY 1, 1900,

REUTER'S TELEGRAMS.

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enteret for him. One may here temark that

We will assume the accused to have pleaded "not guilty." The next step is that of empannel ing the jury by whom he is to be tried. In England the jury consists of twelve men and the verdict must be unanimous. In longkong the jury consists of seven men and (except in cases, such as murder, visited by the law with capital punishment) a majority consisting of not less than five jurors can give a valid verdict. In England the accused may challenge peremptarily that is, may, without giving any reason, object to thirty-five jurymen in cases of treason, and twenty in cases of felony, but in cases of misdemeanour he has no right of peremptory challenge and must show good cause for any challenge he makes. Any challenge must be made as the juryman is About to be sworn-und before he is sworn. In Hongkong, causeless challenges are not allowed. It is provided by the Jury Consolidation Or dinance, No. 18 of 1878, that no person who shall be put upon his trial either for treason, felony or misdemeanour shall allowed to challenge any of the jurors except for cause.

When the Jury has been sworn, proclamation is made calling on the prosecutor and witnesses to prosecute and give their evidence.

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The result is that the practising lawyer has constantly to consult huge treatises such as

"Russell on Crimes.”.

IGNORANTIA LEGIS NEMINEM EXCUSAT,

10

If the ordeal went against him, he had, for a first Difence, usually to make dot (ie, give compensation) to the accuser twofold and to pay to the lord his seer (a price which varied according to his station in life), and he had also to find sureties thereafter (o abstain from evil. For a second offence the punishment was death or mutilation, In the olden days crimes of violence were not uncommon and an eminent authority points out that, of the 72 Laws of King Alfred, no less than 31 deal with injuries resulting from unlawful, violence. The "bot," or compensation, is prescribed. with remarkable detail. Here is a specimen. "If the great toc is struck off let twenty shillings be paid as bot. If it be the second toe, fifteen shillings." The others were valued, respectively, at nine shillings, six shillings, and five shillings. It almost reminds one of the children's nursery rhymes about "This little pig went to market, &, &c." I may add that some serious crimes were botters, not in be purged by compensation at all.

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abolished. Modern fines usually go to the Public Treasury and stand on a different basis.' The distinction between a crime and a tort or private wrong, became well established. A crime began to be treated as a breach of King's Peace and to be prosecuted by the Crown, though at the instance of a private accuser. But when the Crown became a party to the probendings, the wager of batile ceased to be chate. The sovereign could not ba I to fight and thus Triul by Jury caniq more into genent use. In the time of Edward 111, when a prisoner had been presented by the hundred jury, a jury of twelve, which may be called the Inquest Jury, ware' swom" to

try the question of guilt or in- nocence. Such a jury brought in their verdict of their own knowledge of the facts of the case and of the character of the accused, not upon evidence adduced before them. Great authorities such as Ar. Maitland and Sir J. F. Stephen, differ on the question whether, at first, the Inquest Jurors were the samo as those who presented the prisoner for. trial. But, in any case, it was probably not until the 15th century that the jurors began to find their verdicts-simply on the evidents of witnesses called before them.

INDICTMENTS FORMERLY IN LATIN. It was in the reign of Edward I that indict- ments were reduced to writing. The language was Latin and in that language, such is the force of custom, the written accusation against the prisoner continued to be framed for more than four centuries. It seems incredible, but it is the fact, that all Criminal Indictments were written in Latin while Common Law Pleadings were framed in, a sort of barbarous Norman French, lill the reign of George II, The 1: recital of the Act of Parliament, 4 George 11., c. 26; is instructive: "Whereas many and great mischiefs do frequently happen to the subjects of this Kingdom from the proceedings in Courts of Justice being in an unknown language, those who are summoned and impleaded having no knowledge or understanding of what is alleged for at against them in the pleadings of their lawyers and attorneys who use a character not legible to any but persons practising the law," &c., &c. Thenceforth, English in plain hand- writing was to take the place of the quaint. Latin and French,

JUSTICES OF THE PEACE. To-Edward 111-we-owe-the-institunion-of- It seems wonderful that the extraordinaty system of trial by Ordeal could have lasted

Justices of the Peace and the origin of their even so long as it did. It is not surprising jurisdiction which, in modern times; is se ex- that it was at last condeioned by the Lateranensive as regards the punishment of trifling Council in AD, 1215. It was an appeal to the

offences and the preliminary investigation of more serious crime. A vast improvement in Almighty to work a miracle in attestation of the innocence of the accused person.

the mode of conducting such preliminary in- vestigations was effected by Sir John Jarvis' Acts of 18.48.

o allusion is made in any Act of Parliament prior to the middle of the 16th century, to the preliminary, Inquiry of Justices into crimes, with a view to the committal of the accused for trial. The old practice in such matters was regulated by the Acts passed in 1954 and 1955, "in Queen Mary's reign. Sir J. F. Stephen points out that, under the system established in the 16th century, the Magistrate acted the pan of a system he occupies the position of a preliminary judge. Under the old system the accused was fully questioned as to all the circumstances connected with his supposed offence, while under the Act of Victoria he cannot be ques tioned at all,

Under the Statutes of Mary, the examina tion of witnesses and the recording of their depositions was intended only for the information of the Court.

The prisoner

bad no right to be and probably seldom was present while, the evidence, was being ... taken and he was not even allowed to see the depositions. It would seem as if the Contin ental system of trying to expose and detect a person presumed to be guilty was resorted to. The practice under the modem Act is aimed, on the other hand, at obtaining a full enquiry into the guilt of innocenca of the accused."

Now although modern Criminal Law is a complicated and difficult subject, it is no gond for an offender to say he did not know he was breaking the law,

The answer will be "everyone is presumed to know the law," an assumption perhaps more remarkable for boldness than for accuracy. At less than one hundred and fifty years ago the same time it is difficult-to-see-how-justice. prisoner who waitld not plead was freated very could be administered on any other assumption differently. Sir J. F. Stephen points out that, though, most certainly, the majority of people kuow remarkably little about the Criminal Law. till 1772, such a person was taken and "stret ched naked upon his back and had iron faid Yet comparatively few seem to suffer much in upon him as niuch as he could bear and more, convenience frog that want of knowledge. It is and had so to continue, fed upon bad bread quite possible for any ordinary, honest, well

The tests were such that, in the absence and stagnant water, on alternate days, till he conducted man in go through life without

troubling himself, in the least, about the diff of trickery which in some cases could not either pleaded or died." Indeed, in 1720, one Burnwater, scelsed, at Kingston Assizes, of culties and complexities of Criminal Law easily have been resorted to, the accused could murder, refused tu plead and was pressed for

it is true that, as civilization increases and not escape suffering and injury as prelimi nary to the final penalty indiced because, an hour and three quarters with nearly four men congregate in large towns, many regula Indred weight of iron, after which he pleadedtions, fiscal or municijal, have to be enacted, the miracle not having been worked, he was net guilty and was convicted and hanged. and as contraventions of these are enforced by held guilty of the charge. The handling I remember reading of several other cases. the Magistrate in the interests of the community, of red hot iron, walking bare-foot over heated The object of refusing to plead was that. an act no, in itself, murally wrong may be ploughshares, plunging the hand and arm into in that rase there could be no conviction, there le punishable. But, in the main, the Criminal boiling water inust have afforded little chance fore no forfeiture occurred and the property of Law is an elaborate development ofthe second of escape. In Ethelbert's laws it is said of the accused when found guilty "Let him be smit the accused person was thus preserve for his half of those ten commandments, which we are At Liberty Street, Brooklyn, New York gir. It is evident public feeling has much old were divinely given more than three ten so that his neck break." While the punish-public prosecutor, while under the present

thousand years ago, amidst thunderings and ments in King Canute's time were regulated by WALTER M. ROBINSON, of Singapore, after a changed since those days.

an enactment which said "Let his hands be lightnings, at Mount Sinai. Therefore a man short illness, aged 29 years and nine months.

who obeys those commandments will not be cut off or his feet or bath, according as the deed may be; and if he have wrought yet greater likely fall foul of the Criminal Law of

wrong then let his eyes be put out and his nose England. CRIMINAL LAW AND THE COMMANDMENTS. and ears and his upper lip be cut off, or let him Human nature now is singularly like human be scalped, whichever of these those shall nature then. The commandments "Thou shalt counsel whose duty it is to counsel thereupon, so that punishment be inflicted and also the not kill. Thou shall not steal, Thou shall not bear false witness against thy neighbour, Thousand be preserved. There is a quaint sound

about the suggestion of salvation by scalping. shalt not covert," &c. &c., aye and other com-

One would have thought the water ordeal mandments too, are just is essential to the

was scarcely a fair test. Sinking was a sign of welfare of the individual and of the State now at the end of the 19th century in innocence, fouling the sign of guilt. Assum England and in Hongkong and elsewhere, ing tlie accused to sink it was not always as in the days of Moses and in the deemed necessary to pull him out. Indeed one of the Archbishops required a rope to be wilderness around the holy mountain. Indeed, Sir James F. Stephen points out that the state-tied to the accused as oilerwise he would be ment of the positive duties of man to man to be drowned unless he came to the surface when found in the Church Catechism which merely he would be deemed guilty and killed Pos- develops those commandments, corresponds sibly the rope was only insisted on where it

One of the most remarkable subjects in the step by step with the prohibition of a Criminal

was desired to save the life of the accused, Code. "Those," says he, "who honour and Another ordeal was that of the "accursed history of English Criminal Law is that known obey the Queen will not commit high treason morsel," a piece of hard dry bread specially as Benefit of Clergy: Originally it was what consecrated by the priest. The accused first the words imply, a special privilege enjoyed or other political offences. Those who honour and obey, in their due order and degree, those called on the Deity to make the bread stick in by the Clergy, namely, freedom from the who are put in authority under the Queen, will his throat if he were guilty and then proceeded jurisdiction of lay Courts, and the right of

being dealt with exclusively by the Ecclesias to slowly cat the morsel. It is said the great tical Courts. In Bracton's time (.e. the first. not attempt to pervert the course of justice nor will they disobey lawful commands or violate Earl Godwin was choked in that way.

half of the 13th century) when a Clerk was the provisions of Acts of Parliament or be guilty

accused of crime the Court had on request of corrupt practices with regard to public

to deliver him over to his Bishop to be dealt Wager of Battle and Trial by Jury, officers, or in the discharge of powers confided to them by law. Those who hurt nobody by William the Conqueror did not abolish the with. The Bishop was to keep him safely till he made Ecclesiastical purgation, sailing word will not commit libel, or threaten injury to old Saxon modes of trial by ordeal and com: which he was, to be degraded or put person, property or reputation, nor will they lie purgation, though, by the 13th century, they

to penance. Tlie"

process of purgation was as follows. The Bishop or his deputy pre- in Courts of Justice or elsewhere but will keep had ceased to be used. He, however, intro their tongues from evil speaking, lying and duced from Normandy the Wager of Battle, or slanderin. Those who hurt nobody by deed trial by duel, of which Sir--Walter Scott gives sided and the jury consisted of 12 Clerks. The will not commit murder, administer poison, or us some spirited pictures in his novels. This accused swore to his innocence and got per- wound or assault, others, or burn their houses, was known as the Appeal of Felony. In sons as compurgators to swear they believed cases of murder and manslaughter defence were allowed to be called and, conse. he spoke the truth. Only witnesses for the. or maliciously injure their property. Those who keep their hands from picking and blood relation of the stim man could appeal stealing will commit neither thefts, nor against the slayer. The latter threw down quently fraudulent breaches of trust, nor forgery, his glove and claimed the combat and un-

I need nor will they pass bad money."

less the accuser took up the challenge the not proceed any further with this illustra accused went free. If, as usually happened, tion, but there is much truth in that learned the challenge was accepted, a speedy day was writer's statement that "The criminal law may appointed for the trial of arms and on that day be regarded as a detailed exposition of the in lists presided over by the Sheriff or the different ways in which men may so violate itinerant Justices, the combat took place with then duty to their neighbours as to incur the all due solemnity. The charge was read over indignation of society, to an extent measured and the accused (appellant) swore on the not inaccurately by the various punishments Gospels to his belief in its truth. Then the awarded to their misdeeds."

accused, in like manner, avouched his innoc. ence. Then, armed in mode suited to their rank the duellists.began the encounter. The hour fixed for the commencement of the pro- ceedings was generally an carly one

THE WAR. Casualtios at Spionkop, 24th Instant.

LONDON, January 30th. Killed Staff Captain Vertuer Lancashire Fusiliers.--Capt. Stewart and Licuts. Mallock and Fraser.

Middlesex,--Capt. Muriel and Lieuts. Lawley and Wilson.

Lancasters.Major Ross, Capt. Kirk and Lieut. Wade.

. Scottish Borderers. Lieut. Wolferstan.

South Lancashires-Capt.--Hirth and Lieut. Raphael.

Border Regi--Licut. Garvey, Thorneycroft's Horse.-Capts. Petre and Koosgore and Lients. Grenfell, Newham, Marorquodale and Trevor.

Imperial Infantry-Licuts. Rudall and

Shand.

Twenty Officers were wounded and six are missing in addition to abore.

LOCAL AND GENERAL.

MR. Hatherly, of the Wharf and Godown Co., mel with a serious accident yesterday, a hawser pating on the wharf and striking him on the head, injuring bin severely

THE wind having worked round to the west- ward yesterday, a very lumpy sea was knocked up in the harbour, the ferry launches dancing about like corks, to the great inconvenience of non-seafaring passengers.. DURING, a performance of "The Geisha" in Buenos Ayres, a patriotic song with the refrain "We all are Sons of England was received with tremendous applause, and £380 was ob tained for the Widows and Orphans Fund. The Argentine Republic would seem to be going salit for the British . the Boers.

SANITARY_BQARD._'

ORDERS OF THE DAY.

In cases of treason and felony, the officer of the Court then gives the prisoner in charge to the jury, stating the effect of the indictment and the prisoner's plea of not guilty and charging them to enquire whether he is guilty or not. The Counsel for the prosecution then opens the case to the jury and calls and examines his witnesses who are respectively cross-examined and re-examined according to the rules of evidence. It used to be à cardinal rule that the prisoner could not be called as a witness to give evidence on path, but by a recent Act of Parliament 61 and 6, Victoria, chap. 36. it is enacted that in England "Every person charged with an offence and the wife or husband, as the case may be, of the person so charged, shall be a competent witness for the defence at every stage of the proceedings whether the person so charged is charged solely or jointly with any other person.

REMARKS ON THE PRESENT PROCEDURE.

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came

CRIMINAL LAW SINCE THE NORMAN *CONQUEST.

accused.

BENEFIT OF CLERGY,

the verdict usually accquitted the

Later on, it was established that a Clerk in orders could not claim Benefit of Clegy till he had been tried and convicted by the ordinary tribunals.

Then the privilege was extended to all men who could read an accomplishment not so common in those days. It amounted to this eventually, that when a man was found guilty of any clergyable felony and was asked what he had to say why sentence of death should not be passed upon him, he "fell on his knees and prayed his Clergy, and, for a first offence, 50 some much lighter punishment such as imprisonment for a year after being branded.

Death was the punishment of só” many.

As a general rule, however, the accused can' not even now be called as a witness except upon his own application, and certain limits are imposed on his cross-examination. At the close of the prosecution, the case for the defence is opened by the prisoner's Counsel (if he has any) CRIMINAL LAW IN THE OLDEN DAYS. and the witnesses for the defence are called and Greene tells us, in his History of the English cross-examined and re-examined and then the Prople, that the ten commandments and a por prisoner's Counsel sums up his evidence....

tion of the law of Moses were prefixed to the Then follows the reply of the Counsel for the code of King Alfred, and thus became part of. If the accused could disable his adversary, or on the hand so as to prevent a second plea ̈· prosecution and the summing up of the whole-the law of the land in Saxon times. Now Kingmake him cry "craven," or prolong the fight of Clergy. Of course this was very illogical. matter by the fudge who directs the jury as to Alfred died A. D. yor, to his laws were in force until the evening, he was' declared: guiltless of Waffenes that the law was extremely severe,

the charge, and the accuser was fined and de- the evidence adduced. The jury then give their Ecclesiastics gradually assumed jurisdicclared infamous. If, however, the accused got. ventier and the prisoner is discharged if the tion-in-matters calling for spiritual censure, worsted, his lot, if yet alive, was hanging, meats, but, instead of that, "benefit of clergy"

the Civil Courts A meeting of the Sanitary Board will be held verdict is abt guilty and sentenced if he is

to deal in time Wager of battle could not be claimed if the was allowed in a number of cases. Women, found guilty.

almost exclusively with offenders against accuser was a woman, or a priest, or a child, or however, could not be ordained, so they were to-morrow at 4.13 p.m.

the second half of the commandmeuts. One an old man over sixty years of age. In those not able, in the olden days, to be kindly assumed to be Clerks like men who could might say, in popular language, the clergy en- cases, at first, compurgation or the ordeal, were

could resorted to, but after the reign of John, Trial by read, and thus they. not plead their forced many of the duties to God while the Civil Courts dealt with wrongful acts to a Tury, then in its infancy, superseded the former clergy

methods. Appeal of Felony continued to exist

Speaking of the law under the Plantagenets, man's neighbours or fellow-men. This may

great nuthorily writes as follows:-A man be accounted for, even in those wild days, by side by side with Trial by Jury until the Tudor the influence of the Church. An eniment period. It then fell more and more into disuse who could not read and a woman, whether she writer has pointed out that "the clergy were until, by the time of the Stuarts, it was prac- could read or not must be hung for stealing It was not, however, two shillings. But a murderer of the worst. never more powerful in any time or country tically lost sight of than they were in England before the Norman specifically abolished, and thus it happened kind who knew how to read, escaped from Conquest. Civil and Ecclesiastical legislature that in 1817 the "Wager of Battle" was claimed nearly all punishment unless, indeed, he had went hand in hand, nearly every set of secular by a man named Thornton, accused of murder, marned a widow. laws enacted by any of the early Kings were and, as the accuser, declined the challenge, In such a strange state of the law the advice coupled with an ecclesiastical code or contained Thornton had to be acquitted. Two years of the elder Weller to his son to beware of eeclesiastical provisions." In those days the later the "Appeal of Felony was abolished the widows would have been very appro highest as well as the lowest in the land by the Act 59 Gep. III. 6. Among recorded priate regarded ecclesiastical censure and discipline instances of Wager by Battle may be men- with awe. Moreover, the Bishop and the Ear tioned, the battle by single combat, which was s side by side in the Court of each County, fought before King William L. and the Peera Report by the Colonial Veterinary Sur One defect in the criminal procedure in Eng-till William the Conqueret relegated the Bishops in A.D. 1096 between Geoffrey Baynard and geon na the requirements for a bacteriological, land is the want of a sufficient staff of public to their special province of dealing with things the Earl of the Eu. Baynard having accused, the Earl of High Treason, conquered him in Taboratory, and certain papers on the cattle in- prosecutors. It is true that, in 1884, the Splici, ecclesiastical and the discipline of souls. oculation for rinderpest in the New Territory. ior of Her Maiesty's Treasury was constituted Thus originated the Bishops' Court which still the fight and the Earl was accordingly dermed would be too tedious to give instances of

AGENDA.

Director of Criminal Prosecutions. But he in exists and which many years ago played an convicted and was blinded and mutilated the absurd objections which used to be taken Readers of Shakespeare will remember how to Indictments and were not only taken but Reply from Government, as to the pro- tervenes only occasionally, to prevent a mis important part in history. posed-altoration of close time for certain game. carriage of justice; and in nearly every The Clergy encouraged the system of Comthe combat proposed between Henry Boling allowed to be fatal to the prosecution. Judges 2. Report by the Sanitary Surveyor on con- case the private individual who is in purgation and of Orials, which were the broke (nierwards Henry IV.) and Thomas. Fought to have had the power to force amend creting at Saint Joseph's College

jured is left to prosecute at his own modes of deciding contested cases where no Duke of Norfolk in 1398 was forbidden by any slight defect, not really essential to the 3. The dumping of rubbish in the Harbour expense, subject to the Court allowing his re-offender was charged with crime in Baxon Richard 11when the combatante, were in the substantial merits of the matter. But it was not and the power to arrest offenders therefor. imbursement to a certain extent. Such pro times.

Lists and had gond through all the prešlining till this presentrenturyinat suchpowers were con ries so wall described by our great dramatist. ~ forred in certain cases by variads Acts of Parlia

OnIDIN OF TRIAL BY JURY

mentr it is not very long since an Indictment-for Gradually, howegen the payment of murder had to set out a minute

cicumstances of the

1. The Vice President, pursuant to notice, All this seems very natural to us now, be will move--

Cause we are accustomed to it, but the prisoner That the Board advise the Government was not alway's treated with the consideration to close, with as little delay as possible, the be meets with now. I am far from saying that Chinese Cemeteries at Mount Davis, Caroline the present system might not be improved, and Hill, and Matauwai in Kowloon, and the exists that many useless technicalities might not be ing Plaque Cemeteries in Hongkong, and in abolished with advantage to the corqmunity; open instead a Chinese Cemetery and a Plague but there can be lule doubt that, given a care. Cemetery either on the island of Chunghui orful judge and fair-minded jury, very few iang on the island of Lamme, and a second Chinese cent people can be convicted, though, possibly, Cemetery as well as a Plague Cemetery some- a fair percentage of guilty men are acquitted where to the north al Matauwai and either upon through technicalities. It must be remeinbered or close under the range of hills that bound the that although the jury nay think the probability Kowloon Peninsula on the north. E.

is that the accused is guilty nevertheless if they 2 Report by a Select Committee of the entertain any reasonable doubt they must find Board who were appointed to report on the a verdict of not guilty. We have no special Sanitary Surveyor's report on the latrines and verdict of "not proven" in English Criminal urinals of the City of Victoria,

Law.

4. A well at 35 Queen's Road Central recom-secution, though in the name of the Sovereign,

mended to be closed at once.

5. Further report of the progress of Bubonic Plague at Bambay City for the period sth to

is in reality a private prosecution. In Hong kong, however, the Attorney General acts as Public Prosecutor'and private prosecutions are

CRIMINAL LAW IN SAXON Tites. Infongthief, Compurgation, and Ordeals,

In saxon times, the thief or murderer, if of bad charcter, goi-Hetls mercy Franchiser of

or money compensation for crime became

Benclit of Clergy was not abolished til 1837. by the Act of George IVAN

TECHNICAL OBJECTIONS. Another drawback to excessive severity in Criminal Law is that technical objections are thereby encouraged in favorem viva

Ebecame