1906-04-28 — Page 12

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THE PERJURY CASE.

APPEAL FOR RELEASE

21st inst.

In Appellate Jurisdiction this murning be: fore 11s Honour Sir Francis Piggott, Chiei Justice, application was made in support of a writ of habeas corpus un behalf of the seven Chinese merchants, witnesses in the Lai Hing Bank bankruptcy case, heard on the 10th inst, in which they were committed to prison on the charge of perjury,

Han. Mr. H. E. Plock, RC, Hon, Dr. Ho Kai, and Mr. E. Sharp, K.C, it tructed by Mr. G. K. Hall Bratton, of Messrs. Krution, Hett and Goldring, and Mr. F. X. d'Almada e Castro appeared on behalf of the appellants,

Mr. Sharp said au appeal does not lie from a judicial finding of the Court, and the writ of habeas corpus was the best method of raising the question of whether the Court's decision was made in a legal and judicial manner, anit he submitted, with all due respect, that His Lordship had not arrived at his decision in a legat and judicial manner.

Mr. Sharp than prisceeded to quote author ies in support of his contention, and then submitted that his Lordship's decision was made illegal y and therefore could not stand. They were nint there to ask his ordship to review the matter on the merits, but on the point that the decision was arrived at illegally and injudicially.

His Honour quoted an authority, when Mr. Sharp submitted that in that case was an attempt to review the decision on the merits, but this was not a case of that sori,

Mr. Pollock said he had a neraber ol authorities to produce, and that the prac tice required that the alleged offence should be cited. A party might be discharged on writ of habeas corpus, of the commitment was bad in law. Where there is any defect in any commitment in point of law then the remedy is by writ of habens corfit.

Mr. Pollock then quinted a case in which Lord Ellenborough and the other learned! Judges of the Court of Queen's Bench decided that the Court of Parliament having committed a man to imprisonment in the Tower, t London, they sitting as a Court would hot interfere with the commitment of Parliament, though they would inquire as to whether the detention was legal an the warrant. They would not, however, inquire into the merits of the case. Mr. Pallock then argued at great length as to the jurisdiction and said that this Court had only to decide on the question of jurisdiction.

Allet considérable further argument by Counsel his Honor said he would look up the authorities quoted and give his decision on Munday,

HONG KONG TELEGRAPH

THE

purpose, and showing that no person could be committed unless he is first summoned before the Comit, to answer to some charge. Then again the warrant must be signed by the com. nitting judge; here the Registrar signed it,

His Honour: The warrant is practically signed by the fourt. The Registrar does not sign the warrant; he merely signs the de claration that the warrant is issued by order of the Court.

His Honour: It seems to me that it has always been the practice of the Court.

Mr. Pollock: That may be, my Lord, but no practice of a Court can make good te contravention of any Act in common law.

is necessary that a commitment must be under the hand and seal of the commuting judge. More authorities followed.

By order"

is onnur: But the printed forms state Mr. Pollock: That may be, my Lord, but that does not do away with the re-

quirement that the

commitment must be

under the hand and seal of the commit ty officer, and not the printer's

Mr. Palluck then submitted that as the arrest arrisontent of the seven men had been illegal and najudicial he must ask his Lords skup to order their immediate release.

His Honour: Well I would like to give decision now, but I must consider the paints further and will give my decision on Monday

alternoon.

The Court adjourned.

DECISION UPHELD.

PRISONERS ON BAIL. PRIVY COUNCIL TO BE MOVED.

24th inst.

secondly, that before sentence was passed upon them an opportunity was not given in them of being heard in their own behalf; and, thirdly, that an apportunity was not given to them of shewing cause why they should not be so co- mitted. These retsons are not based on the words of the section, but on the general principle that no man is to be condemned without being heard; and in order to introduce this principle into the case, the words "if it appears to the Court" were paraphrased into "il it supears to the Court after the observance of essential principles on which inquiries should be con ducted. Ifthere were any doubt as to the mean ng of the expression "the essential principles an which inquiries should be conducted, it is supplied by the argument of counsel; it must include calling of witnesses, and obviously, therefore examination and cro 3-examination and obviously also speeches from learned counsel.

The paraphase involves a petilio princípís, for the question is whether the Legislature, in giving the Cours a power to deal summarily with perjary, did not mean to do away with the cesty of any further inquiry; and if there is no inquiry, the essential principles vanish | Rut putting this on one side, see what the suggested paraphrase brings us to. At the end of a nat the witnesses who, in the opinion of the Court, have committed perjury are to be allowed call withrases to show that what' they have sand is not perjury. Now, as pe jury is a false statement of a fact material to the issur, bis means practically that the case must be re-ried. The witacises who have been called will be called again; and, what is worse, others will probably be called extemporised for the occasion, And then, what of the witnesses on the other side? The other party to the action is not a party to this fresh inquiry: is theourt to call them, and conduct the case? 1 really do not know, Jan, I do know that the result would be, as I say, a.re-hearing: a re- hearing without the proper wichinery for a heupe, and the con-equence might be- conceive it possible finding directly contrary to the finding already arrived at, for if it were found that the witnesses did not commit pre- jury, then the former finding was probably His Lordship, in delivering judgment, said: Wrong, and would have to be reversed.

The general consideration cannot be better By section 31 of Ordmance 3 of 1873, it is

examplified than by the present case, provided that if in any card action it appears to.

put in motion by the creditors. Although, a large The Court tit, any person examined as a Wi- ness, upar oath is declaration, has committed number of creditors could, if the facts alleged wilful and corrupt perjury the Court may had been true, have come into the b x to speak dect a prosecution for prijury to be forthwithin them, a few only did so. Being of opinion that instituted; or where, such perjury is m mitted by any person examined as, a witness in

witnesses

In Appellate indiction this morning be. fore His Homont Sir Francis Eiggott, Chief Jns ice, judgment was given in the cause of the m the Lai Hing Bank hankruptcy case, heard on the oth mist, in which they were committed to prison on the charge of perjury.

Seven

THE JUDGMENT,

It was

SATURDAY

APRIL 28 1906.

casos and the present one is so clear that i¦ should have thought it unnecessary to pini itaut. And so on through all the cases in which such grievances have been redressed. But why were these grievances redressed? Why was necessary to eruphasise the doctrine uuds afferam partem, and to hold that "statutory powers must be legally exercised? Because the facts were assumed against the persons Sentenced or peuahsed, and they had had no

How

CAR opportunity of disproving them. those cases be applicable to the present case? What low, audi, alteram putem have to do with this matter? The witnesses have said what they had to say, and the power is given to the Court to declare that what they have said is perjury. What conceivable analogy is there between the questions in the two cases? None whatever. The summary power is given to the Court, and the Court is bound to exercise it to keep, if it be possible, its trials puse. Large powers indeed to be given to a judge: but there is an appeal to the justice of the Court, to the Full Court, and ultimately to the Privy Council. The appeal to H. K the Governor, which was referred to, is that he ay exercise his prerogative of mercy, and for no other purpose. Let ne add this: that it the case of scandalous wisase of the power, and any misuse of such a power would be scandalous, there is an appeal of anulier kind - the highest authority of the Land, to whom we are all subject.

HEROISM REWARDED.

GALLANT BEscue at sea.

BELILIOS MEDAL TRESENTED.

proceedings. They owed a debt of gratitudo to the trustees of the Belilios fund for being Invited to be present at su interesting a cere- mony. When he hoarded the Wingchalke could not help considering the difference between the 24th January and the present; but they had

only

to recall Mr. Pearce's narrative of the rescue to know what it was liko on her at that On board the steamer Wingchai yesterday time. When the facts of the case were first afternesia Mr. A. H. Brown, the chief officer brought to itis notice he experienced that pride of that steanter, was presented with the Behlios of freemasonry" which was so generally ob Medal, for saving the life of a Chinese fisher-served among nautical men when one or other man at se, by Mrs. Barnes-Lawrence, wife of

of the profession distinguished themselves, On the other hand, he was quite convinced, the Harbour Master of the Colony. Others Wingchef), Hon Capt. Barnes-Lawrence, Mr. that all sorts of brave acts were constantly present in the saloon were:-Capt. Austin (5.5. during the 35 years of sea sery ca he had had, and Sirs. Belilios, Mr. J. Dyet Ball, Rov, taking place by those who bad the honour to belong to that grand service-the British Mer- The speaker, dwelt on, sha Rev. T. W. Pearce introduced Mr. Brown cantile Marine. T. W. Pearce, Capt. Ramsay, &c. 15 Mrs. Burnes-Lawrence. He then addressed necessity of having a good man at a ship's those present saying that the object of the helm, and said that the present rescue was.

That they were at the helm. It was exceedingly gratifying to gathering was in recognise Mr. Brown's made possible by Captain Austin who was then learn that the Chinese sailors on board took a intrepidity in life-saving,

share in the work of rescue, and he should like them to learn that in the fidmiration of these present for sallantry displayed on that occasion, their association with it was not forgotten.. The speaker concluded by calling upon all present to express their appreciation of the Dicers and men to whom he alluded by giving a hearty British cheer.

*

Three cheers followed, after which the ga- thering, at the invitation of Captain Austin, remained to partake of light refreshments.

STEALING A BOY,

ALLEGED KIDNAPPERS ARRESTED.

ble to be there, ho said, was due to the creation of a fund in part for life-saving and in past for the pummotion of education in the Colony by a ormer tesident of Hongkong, the Hon. the late Mr. E. R. Belilios. He was the first necasian since the lamented death thought it seemly and filling, seeing that that of Mr. Belilios that the trustees of that fund had had vpportunity of mentioning the fact to the public, to pay a passing tribute to the me I was pressed with the decision of the Judi- mory of Mr. Hellios. is career as a citizen cial Committee in Pollard's case, by which I and a patriot was marked by earnest public am bound if it is applicable to the present spirit. His gifts to "Hongkong, especially for case. That was a case of contempt of Court: he promotion of education, were for the most part as mely as they were uificent and, so this, as was pointed out by counsel, is one of

far as the s caker knew Mr. Belios, he kept perjury; and thigh it is said that the party steadily in view the promotion of the well-

it still- is to be punished for a contempt," remains perjury, governed by the statue which bring and interests of the Colony which had

24th inst. po..fers the power, and is not contempt. Now been for so long tuis cherished home. He the Judicial Commitee said that in the case of spoke with a certain restraint because in pre-

Two Chinamen, Chan Keung, alus Chan- contempt "the specific offence charged is to besence of the son of Mr. Refilios, whom they were delighted to welcome here that alters

You, and Mok Shang were charged this morni ing at the Magistracy, before Mr. C. A. D. distindy stated, and an opportunny of answer- me given. Uswald gives a case which goes nonn; hat he was sure that what he had said

Melbourne, at the instance of Inspector Col to mention him since his lansented death would much further: re Ramsay (L.R. 3 P.C. 427), of Mr. Belins for the first time they had hai which he quotes as deciding that each step in the proceedings to punish contempt should be be regarded as not out of place. But, if it was ten, with kidnapping a boy, cleven yens of soon after three o'clock yesterday afternoon was certainly highly fronour ble pn the part of

the boy-So Sheung went out to sweep up fairly, properly, and strictly taken. The report generous for Mr. Belilios to create that fund, itge, yesterday afternoon. It appeared that of the Judicial Commitee seems to wariant

anyone to merit, as Mr. A. H. Brown merited,

rice in the street at Connaught Road West. this statement; the important part of it how-

an application of that fund ny that part of it

He was not employed long, when two men ever in its bearing upon the present question

devoted to hfe-saving. Now, in order that a

Accosted him and invited him to have some "chow. They took him to a restaurant at is the which points out that the rule in the

know after proper inquiry-mquiry, he augt Shek-tang-tats and there gave the boy a meal. to say, made very largely through the kind. case had been issued without any evidence per public might know what they, the trustees,

When the boy expressed a wish of retuning ness of the Hon. Captain Barnes Lawrence home they carried him to an empty house at that the petitioner was the person who had been held to be a contempt of Court.

and the hathur authorities-concerning the

No. 139, Third Street and there detained him. written and published the letters which had

heroic act of Mr. Brown, which they were there

The police got information of the accurrence

per Court, it shall be lawful for the Count, elaborating their lies, and of the niher wit-analogy between the case of contempt and cially to acknowledge, he should place with the result that the kidnappers were arrest-

instead of directing such prosecution to be i stituted as afuresan, either to catumit such wituesh, as for a contempt of the Count, to prison for any rerm not exreeding three months, with or without hard labour, or to fine such winess in any sour not exece ling 5

The question of the habeas corpus being Here is about as plain a set of words nsrd for decking a plain purpose as could weil he reserved, Mr. Sharp then moved that the seven

on the summary men, committed to prison on the churge of per imagined; and 1 aried jury on the toth instant, be released fro priwers conferred by the section at the close of

the frid est an issite directed in the bink prison; that the order be changed, on the ground that the men were not informed by lesupty of the Laing Bank. The issue was Honour as to the statements in which they had whether Wong Ka. Chup was a partner in committed the alleged perjury, and that they the Bank, and it was tried before me with a had not been given any opportunity to le comar jury, the trial' lasting six days. heard in their own defence. Mr. Sharp thes sentenced imprisonment eight witnesses proceeded to read the report of the accurrem e cafled for the plaintiff who had given evntence when the men were committed, quoting h as to acts committed by Wong Ka Chum in is Honour's fading, and he submined that th alleged capacity as a partner in the Bank in finding was bad in law for the reason that no: the sue, address og to seven of them who one of the seven men had been informed. were, in Chart when the verdict was given, the to what statements they had mareilowing. words:-"These eight witnesses constituted the alleged perjury, nor had have to any mind been guilty at the tast one of them been given any opportuni flagrant conspiracy to defraud the sileged part. to be heard in his own defence, and i was iner Wong Ka Chun. They have each been portant that a witness should be so narungnitty of the most corrupt perjury, and in and given such opportunity. Especially vittue of the provisions of the law which em would refer to mere witnesses as against wit pawer me to deal at once with such cases ness parties to the action.

commit each of them to prison for three months His Honour; But these men were almost without hard labour." parties to the case.

03.

Mr. Sharp: Of course your Lordship may make any comment you please, but whether they were almost parties has nothing to do with the matter, as the fact remains they wer not.

His Honour: But the Official Receiver was suing on behalf of the creditors, and they were credito's.

Mr. Sharp: That is so, my Lord, but they were not among the plaintiffs. Had they been so they would have been accommodated with seats in Court, but as a matter of fact they were not in Court, and did not hear the adverse evidence. In this case eight men would have been convicted, ban are was not present, and am not aware of his present whereabouts.

His Hour: He vanished before he could be called.

I think your Lordship takes a Mr. Sharp: hostile view of it. The man was, as far as knuw, not in Court on the last day of the trial Your Lordship must not take me to say he was not in Court, but I believe he was not (Referring to the attorneys on both sides). 1 gather he was not in Court that day.

Mr. Sharp then quoted authorities to show that when a man is accused of an offence against the law he has a right to know in what his offence has consisted, and he has a right to be hond in his own defence. Here he questeil a case in which five judges sitting unanimously concurred in those findings, and went further atul said that they had a right to call witnesses.

..

these witnesses ber, 1 am told that might to have given them an opportunity of repeating ot nesses who, for reasons best known to them selves, did not give evidence at the trial, an come forward after the twelfth opportunity hour has struck and make similar statements. It would be a travesty of justice if such

be said thing were possible. It may that all this might happen if the presiding Judge slirects a prosecution for perjury instead of acting summarily, and the jury acquitted the accused. An acquired in such cucumstances other than for some technical question involved in the law of perjury, is almost inconce vabie, unless very weighty evidence, entirely unsu lied by the original lying, were adduced. Obvious 1ly such evidence could not be forthcoming at the close of the trial, but if it is forthcoming afterwards, there is nothing to prevent ther Jadge who has condemned the witnesses sum- marily from dealing with it and doing justice. The sum and substance of the whole waller can be put quite shortly; the exercise of this summiary jonsdiction excludes the possiblity of any long drawn-out inquiry and discretion is vested in the Judge, if he thinks the case not a prosecution, when such an inquiry may be proper one for summary punistimeni, to order a asade. The fact that this discretion is given of itself negatives the argument on this point.

One of the sight, Wong Tse, was not to Court, and the Bailiff has been unable to execute the warrant. He described himself as the managing partner of the Wong Wing Cheong firm in Hongkong since 19t. It is no stretching inference too far to say that he must then and there have gone into hiding and absconded.

My actin has been challenged, and accords ing to the argument, what seems so plain is in reality obscure'; what appears to be such a straightforward direction is in reality so full of complexity, so tedious, so devines, that I doubt whether, if the argument is sound, it would be possible to put the provision of the law as to summary punishment to face.

for

As if to make everything correspond, a most complex method was adopted for bringing the matter before me., There was first a mation habeas corpus to bring up the prisoners; and, secondly, a direct moion to the Court to release them from custody on certain grounds which I will, deal with presently. It was ad mitted that everything that could be said in favour of the liberation could he said on the motion, and that the habeis corpus was not necessary to bringing the motion. Why the writ was moved for fail to understand; but as it was applied for, and as I'granted it in Chambers, subject to the question being argued whether it was a proper application to make in the circumstances, the point involved must be considered.

I cannot read the case of ex faris Fernandez His onour: Then that would make it in any other way than as laying down in as inevitable to try the case again, which would clear a manner as possible that a writ of hales corpus will not lie where the commitment his occupy another two or three days, keeping the jury empannelled and witnesses in attendance.been by a superior Court of record. The Mr. Sharp: Burely your Lordship principle of the decision is that a superior could conclude the first case-in faci, Court may adjudge a man guilty of contemps you had concluded the case and had and insprizon him without setting forth on the given your decision, and the jury had face of the warrant of commitment the grounds done all that was required of them and they upon which its adjudication proceeded; and

as it is the validity of the legal had no concern with the alleged perjury and only awaited their discharge. Mr. Sharp want an to quote several cases from the Privy Council and submitted that this Court could pot over-ride decisions of that Council,

His Honour-liut surely my summing up indicated in what the perjury consisted when I mentioned their statements abou Wong Ka Chan's being present at and address. ting the meeting o creditors?

process

which

11

is tested by Aubias carpur, there is in the case of a commitment for contempt by a superior Court no ground for issuing the h heas copus; therefore the writ was refused. That principle covers the grounds of the moting for But it may be looked at the writ in this case. from another point of view. Obviously from the very nature of the proceedings, they must be taken in a Court superior to that from which Mr. Sharp: But only one or two of the the commitment issued. It is manifestly in- men speak English, even if one or two more appropriate to take them in the Court from. understand it, and they could not follow your which the commitment in fact issued. Lordship's summing up. And even if they involves aniong other things the anomaly that could that would not fill the requirement of the in order to conform to the practice which law which requires that the men be informed requires an affidavit to be filed-for the obvious purpose of informing the superior Court what and given an opportunity to be heard in their own defence. As a matter of fact only two or has happened in the inferior Court--the solici. three of the ment said they were present at the sor filed an affidavit informing the Count of what it had itself done, which it perfectly well meeting, but your Lordship committed them all.

knows without such information. I catinas The commitment was again bad, for the law required that the warrant be signed by the follow the interpretation of the decision in judge committing, whereas this warrant was Fernandez's case which the learned Counsel not signed by your Lership, but by the Re-endeavoured to put upon it. technical point,

The reason of the thing is as clear as this gistrar. That certainly is But taking all the facts we have nduced and authority, that this is not a case for a habras moscover that there is no all the reasons given your Lordship | must ask corpor, and you to make an order for the release of these denial of justice, because, as was pointed out in Huward v. Gossett, there is always an appeat inea from gaol. The Court adjourned

After the tiffin adjournment Mr. Pollack, ad- to the justice of the Court. In fact this motion has and can be made; it could indeed have dressing the Court, said that the Court bad no power to commit a man unless he was inform- been made on much wider grounds. The writ ad of what his offence 'consisted in, and pra. is therefore quasked. ceeded to quote authorities in support of that contention, and submitted that as accused man must be called before the Court and told with what he is charged; and then asked to plead in his defence. Mr. Pollock quoted from a large gray of authorities, all tending to the same

THE MOTION:

His not necessary to pursue the suppose that of perjury any farther, because the few in the case of perjury makes a punishable sum marily; and it punishable summarily, the power must be exercised then and there sedente Euri. can see no halfway house between the course which I adopted in this case and the onpossible procedure suggested by the learned counsel,

The leaned counsel, who appeared for the plaintiff on the issue, charged me with no having acted “ja ticially in this matter. This is a serious charge to make against a judge, and one to which the maxima audi alteram furtor to peculiarly applicable, if to act, after a long trial, on a conviction which hari been growing day by day as the trial proceeded, a conviction based on the demeanour of the witausses in the box, and a more shifty lot of witnesses I never came across on the com piere failure of their evidence to come within measurable distance of the opening of counsel on an important branch of the case, on their petty denials of facts which were irrelevant almost to the issue, and on that general im pression of their veracity which it is the duty of a Judge to receive; having regard to to the position of these men, who were to all intents and purposes plaintiffs in the issue, and to the This method of looking at the case, treats the absence of the other creditors, tar more three grounds of the motion as one, as indeed numerous, who might have spoken to that part of the case which concerned the manage- they are; because there is an evident link be tween all three. The witnesses are in be toldment of the Bank, if it were true: or of the remainder of the thirty or forty alleged to have in what they have com tied perjury in order

bera present at the creskors meeting, and that they may say what they have to say ja

who might have spoken to what Wong Ka their own behall, and in order that they may, by calling witnesses, she cause why they should Chun is stated to, bave said, if that were not be committed. But I will take the three true: having regard further to the many points grounds singly. The are to be told in what of prejudice against the defendant which were the perjury consists. I see no reason why. hinted at but nut pressed home, and of which It might involve a long suplement and an ela greatly disapproved, was not acting "judi. borate analysis of the evidence, which might cialy" then, and if, after the most serious con leat to unseemly discussion and controversy siferation subsequently, which a judge is afterwards. In this case the statement would bound to give when he has exercised such have been complicated, because the statements bush and suramary powers as these, I believe which I considered perjury related to the main my action to have been right, he not acting facis of the case in varying degree: sume, as in judicially" now, then the word "judicial"

has lost all meaning. the case of Tsang Hung, not perhaps by itself of sufficient gravity to be dealt with summarily had stond alone. What i said, was, that I considered the eight men had been guilty of conspiracy to defraud Wong Ka Cheung, and had given false evidence, ohv.ously as to the facts from which it was hoped that the alleged paitership would be inferred, was this palpable conspiracy which made the perjury of the different witnesses of the same degree in crime, although they were not in the same degree as to the importance of the facts spoken 10. It was surely superfluous for me to add I disbelieve every material fact to which you eight men have respectively sworn," If that is not the necessary inference from what I said I know an other which is possible.

But there is an ther consideration which throws light on this part of the case. Supposing the witness not to he preseal, what then? There is nothing in the section which says that the commitment can only be tuade if the wit- ness is present. It is hardly conceivable that the powers of the Court are to be nullified by the witress stepping out of the Cours directly he has heard the verdict, and evading parsui until the Canton boat starts in the evening. It is more than probable that Wong Tse has done something like this; anyhow he was not present. Am 1 10 bold that my warrant was bad in his case? It is impossible to imagine such a thing. Mr. Pollock, when I put this point to him, comended that all I could do in such a case would be, and, therefore what ? ought to have done in Wong.Tse's case should have been, to issue a warrant ni arrest, and then I suppose commit him afterwards should he be found. The section does not give the Court such a power; and I feel certain that the subsequent commitment would be entirely inconsistent with the exercise of the power of summary punishment, and of very doubtful legality. Really this question, as to which I have in doubt, that the warrant of commitment may issue even if the witness is not present, disposes of those other imaginary conditions which have been attached to the exercise of the power, which of themselves imply that the witness is present: that the witness should be asked if he has anything to say in his own be hall, or be allowed to show cause why he should not be committed. But it he be present it can hardly have been intended that the Court which believes the witness to have lied should give him an opportunity of adding another to his former oner. And as ththe venerable for mula which asks a prisoner if he has anything to say why he should not be sentenced, it is disused by many Judges except in capital cases; and though there is no objection to its being put as was suggested in Sunder Singh's case by the Full Court, I for one think it su. perfluous.

The motion is refused.

Mr Sharp said he bad to ask his Lordship as in the case of Sunder Smyth to stay the funher execution for a period if one month.

is flamour: That was an appeal to the

full Count.

Mr. harp It was an application to the committing Court. It would be sup-flanus 10 appeal again so your Lordship in full Court.

Bis. Honnur: The application is for post pinement of execution for one month. That might delay the imprisonment for one year.

Mr. Sharp: Quite so; my Lord, but if the Privy Council accepts the view we intend to put beforest, and which we think they will, then there will be no imprisonment,

His Honour: But if the Privy Council re- fused the appeal?

Mr. Sharp Then the men must submit to their bail, and of course we do not ask for their release without substantial paper,

A number of authorities were quoted bearing upon the son of the juris. diction of the art to grant the application, His Honnur: I think a fortnight will do. Mr. Sharp: I think that three weeks, perhaps, might dt.

His Honour Well, let the execution be stayed for one month, and of course the bail must be settled to the approval of the Regis trar.

Mr. Sharp: I would suggest 5750 for each

man.

His Honour; I think the amount should be $1,000 each.

Mr. Sharp: As your Lordship pleases. His Honour: Of course the stay of execution will not apply to the eighth man.

Mr. Sharp: Well, in this it might apply to alt

Ris Honour Oh, no, he is evading the law, und if he comes before me, I should require very much heavier bail in his case,

Mr. Howell, Court Bailiff, said had tried to find the man; but could not find him.

Mr. Sharp: We believe he has been at his place of business daily since the trial.

IT is reported in mandarin circles that Viceroy Chang hih-tung is to be the Chinese Com missioner in senle the Nanchang affair in the event of the negotiations being still conducted outside Peking, H.E, Liang Tun-yen having returned to the capital. It is also stated that the Chinese writer who accompanied the French representative to Nanchang the outer day, taving been discovered by his employer in have been engaged in trying to extort from certain of the suspected gentry of Nanchang, was turned over to the Chinese authorities of

tenced to three years' imprisonment,

1 now come to the substantive motion. It was argued that the commitment was bad for three reasons: first, that the prisoners were not I now come to the cases in which it has been informed what statements made by them re-held that a man is not to be condemned beranch'ang for punishment, and that he is to spectively constituted the alleged perjury;}fore he is heard, The distinction between those

EDUCATION IN SHANGHAI

before those present a few particulars. On 24th January of the present year-the function haded and the boy rescued before his transportation been somewhat delayed because the Wingchat Swatow, to be sold, Evidence was called, had not had a day in port for the cleaning of and the case remanded until to-morrow, boilers or a time suited to the convenience of the trustees-the Wingchat left this port on her usual run in Macao. She had not proceed. ed far-not one-third of the way-when she en- countered a north-easterly pale of gite unusual and extraordinary violence. Some of the effects

up-turned of that gale were to sady in evidence. From the deck of that ship was seen

hing boat and near by was a bit of wreckage itu which two men were clinging. To lower a heat was out of the question owing to the By skilful navigation the vialence of the sea. ship was brought as near as possible to the but of wreckage near enough to render it pas sible to throw a life-buny to the two men who were clinging to the piece of wreckage. One of the inen seized the bfe-boy, but the other was to exhausted to reach out for the help that was thrown to him. Seeing the condition of that man who was, he believed, in the act of disappearing for the last time, the first officer, Mr. Brown, promptly jumped overboard into that high sex and caught the man as he was in the act of sinking, and there was no doubl whatever that through that act of intre- pidity and bernism the man's life was saved. I was a plucky thing to do. When a man played the man as Mr. Brown did on the occa- sion to which he referred, his best reward was the consciousness of having done bis duty in face of the greatest peril, is highest reward was the sense of having rescued another life from destruction. Fte surely would carry the meinory of that deed. icfo e asking Mrs. Barnes Lawrence to present the Befilios star, the speaker desired to emphasise one paint.

The rapid growth of the foreign community 11 is not possible that the commercial ranks brings us face to face with the question whether may be recruited, at least to a very much greater extent than is the case at present, from the youth of the Settlement. There are several points to be considered before an answer to this question can be reached, but probably the est important is that of education. It is commonly stated that the school training to be obtained locally is not of a sufficiently high standard to fit a boy for entering a firm with any prospect of attaining an important or responsible position in it. It is further urged that before a man can undertake successfully the responsibilities which fall upon the shoulders of senior members of firms in hang- nai it is necessary that he shall have served an apprenticeship at home. The latter stale. ment may be to some extent true, and as far as truc, unavoidable, but a little reflection will Serve to convince us that many of our loca! business houses are now of such a size as to afford an opportunity for the training of juniors which perhaps is not so very far behind that atforded by many of the houses from which our recruits from home are drawo.. Many of the men who come out under agreement are so young that they can have had very little time. between their leaving school and their arrival here for gaining practical experience or to ren der them more valuable as business men than The man in the water about to sink was a

local youths of the same age, provided, of course, Chinaman Mr. Brown was a non-Chinese

ibat the school training obtained in Shanghai Now, Mr. Pearce was quite sure his Chinese friends there that day would not misunder. equal that obtained at home. The Cambridge Local Examinations afford a standard of co- stand him when he called special attention to the fact that Mr. Brown jumped overboard in parison which is worth attention, The Oxford and Cambridge Locals at home are universally rescue a Chinese from drowning. The next time it might be Chinese who is on the deck adopted by schools, and our Shanghai leading examination. The results of the examination of a ship and a non-Chinese straggling in the schools now enter candidates for the Cambridge water and clinging to a piece of wreckage.

which have lately been received show that at 1.et him hope that what Mr Brown had done

least as far as the work gors, the education to would inspire the Chinese to emulate his example when the positions are reversed. You be obtained in Shangba is as good as that to be obtained in most schools in England. We know perhaps better than I do, continued Mr.

may call attention to one point in particular, Pearce, that the Chinese are afraid of rescuing drowning people, but the secords of longkong and that is, that while of the whole number of entries the percentage of successes (about 80 show that the Chinese are not lacking an intre

per cent) is most commendably high, compa pidity or heroism and in my experience the Chinese will rise to such an ict. He concludatively few of those who have been successful in the preliminary or junior section remain at ed by asking his Harnes-Lawrence to present the Bellies medal, and a certificate to Mr. school long enough to enter for the senior, This last year the only boy in Shanghai to Brown, and a cheque for the crew which was

enter for the senior passed with Honours; handled to the Captain. (Applause.)

This act Mes. Lawrence performed, winning roughly speaking, boys enter for the preliminary up to the age of 14, for the junior up to 16, and the star in the gallant officer's left breast, ex-

above that age for the senior, yet while at home pressing her pleasure at having the naow

bays remain at school lang enough to enter for and saying that Mr. Brown nobly deserved it.

Mr. Belilios made a shon speech; He said the senior, in Shanghai they generally leave school at the age of 16 or ev n 15. Now this is the pleasant duly left him to perform was to

a matter which may be commended to the con propose a hearty vote of thanks to Mrs. Barnes- Lawrence for attending to present the medal. sideration of parents and taipans. A boy who can pass the Cambridge senior in Shanghai has Ile wished to reiterate what Mr. Pearce said, seeing the amount of good that could be done brought his work fally up to that of a boy who by an-action of the kind between a European has been successful in the same examination and a Chinaman Chinese joined in attempts in England. A boy's mind at this age

during 10 save life, we should then arrive nearer that extremely susceptible to influences; is it

better that his intellect shall develop, happy stage which Britishers are striving for

this period, at school under the care of ex- in China, the well-being of the two races. There was no idea among Chinese that to save perienced teachers and where be may acquire a man from drowning was unlucky, but he was knowledge and precepts and be turned into the world with a character and convictions sure that Hongkong, as they knew it to-day, had developed to that extent where supersti- formed, or that ba be given the freedom, and He independence of a man, guided and controlled tion of the kind could not possibly exist. remembered a Chinese policeman saving a file by what can only be an unformed character and being awarded with a medal such as Mr. and a child's power of judgment? Brown was receiving, and he thought it was questioned by Chinese at the time whether the | lubang would not suffer for so doing, because he was considered to be acting against Pro vidence. So far as he knew that luong had not suffered. The sooner such an idea was dispelled, the more frequent would be acts of this kind "Mr. Brown, from, what he had heard from the Captain of the circum stances, certainly had a difficult task to perform; there was a high sea running and what he did most men would have thought twice of before attempting. He asked all to join him in thanking Mrs. Barnes-Lawrence for attending to present the medal. (Applause) Captain Austin returned thanks on behalf of Mr. Brown and the sailurs of the Wingchal. him as first officer, as there were two of them lia said he was glad to have Mr. Brown with on board who had medals for life-saving, be being awarded a gold medal for saving able in the Bay of Biscay. (Applause.)

There can only be an answer to a question like this, but it may be rightly said that to keep a boy at schoul through bis 17th year entails considerable expense on the part of the parent, Our answer to this is to refer the parent to the numerous scholarships offered by Institutions, notably the Masonic, and by individuals. Some of these scholarships and prizes are in them. selves, sufficient to pay the fees of one year's tuition at school and yet the number of can> didates for these is surprisingly small. There is too great a tendency to hurry boy from school into the first vacancy in which he can earn a few dollars. Often the position offers no prospects and encourages no ambition, and yet parents will short-sightedly sacrifice, for a few dollars, opportuoities for their children

The time it would seem is not far distant which the children will regret too late, when this Kuropean Colony may look to its sons to fill its needs. Thousands of tacts and endless, labour are freely given every year by Hon. Captain Barnes-Lawrence, on behalf of foreigners for the support of Institutions for his wife, returned thanks for the kind manner pducating the Chinese in it not time, morally in which Mr. Balilios bad referred to her, and and economically speaking, to turn our atten- sald she was gratified with the plesung part tinn to those of our own blood?~N, C, D, she had been asked to take in the aftaraqqu's | Newe,