TELEGRAMS.
t
[Renter's}]}
Great Britain and Turkey.
LONDON, 6th May,
The papers emphasize the significance of the Franco-Russian support of Great Britain af Tabak, and regard it as more important than the naval demonstration.
The French Ambassador has advised the Sultan to yield, and the Russian Ambas sador has been similarly instructed.
THE HONGKONG TELEGRAPH TUESDAY MAY 8. 1906.
FOR SEPUN ALLEGED
PERJURBRN.
FURTHER APPFAL
not available, if it were for the purposa el ↑ evading justice and the law.
Counsel then quoted from authorities to show that if an irregularity or illegality had been committed in such proceedings then the Court should take cognizance of it.
In Appellate jurisdiction this morning be-
After lengthy argument Mr. Sharp said his fore the fall Bench,consisting of their Honours Honour the Chief Justice had said to his Sir Francis Piggott, Chief ustice, and Mr. A. judgment that if the man was heard in his G. Wise, Puisne Juge, an appeal was heard defence it might lead to reversal of the deci- from the decision of his Honour Sir Francission-why shouldn't it?-if it was found that a reversal was right, and as in this case the men Piggott, Chief Justice, delivered on the 24th ulto.
were found to have spoken the truth? in the case of the appeal of the seven alleged. The Chief Justice. But if proceedings were perjured witnesses in the case of the Lai Hing to be taken who is to call the witnesses for the Bank bankruptcy, nad in the case of Wong Ka other side? Is the Court to do so?
Mr. Sharp, I submit, my Lord, that if the Chun, by which the writ of habeas corpus was Court takes it upon itself to proceed against The Opening of Manchuria. quasted, and the mon still retained in custody, a man for perjury, the.Court must produce its China has notified the Washington Govthough released on bail
evidence. Mr. Sharp then submitted that he ernment that she will open the Manchurian The lion, Mr. H. E. Pollock, 'K.C., and Mr. need say no more, and would ask their Lord- ports and inland cities only after she has E. II. Starp, K.C., instructed by Mr. G. K. Hall ships to revers the order of the Chief Justice made on the 24th April last and to make the order asked for in the two motions. completed her preparations and regulations Bruton, of Messrs. Brutton and Helt appear.
Hon. Mr. Pollack then addressed the Court. for the government of the foreign colonicsed for the appellants.
pointing out that by commuting the men the Judge convicted them of an offence, while they were unheard in their defence, and asked how o nun so convicted could appeal to the cle mency of the Crown or of the Sovereign unless he knew definitely of what he are convicted Another point here was that all these men did nat testify to the same facts, yet they were all summarily convicted, so that there most have been different perjuries in each case. Up to the point of his Lordship's calling up the seven men, their position was that of persons who had given evidence, but a few words from his Lordship ha converted them into crimina's. They did not know why they were called up; they might have thought they were called up to be com- mended for the straight forward manner in which they had given their evidence, but some 50 or 60 words (rom his Lordship suddenly nitered all that, and the nien then, without any explanation, found themselves convicted,though uncharged, criminals.
there.
Later. United States Battleship Ashoro. The United States battleship Whodę 15. fand is ashore in Chusapeake Bay.
Up to the present the togs have failed to float her.
American Claims Against tho
British Insurance Offices, Nearly 4,000,000 has been shipped, by the Canard line alone, to America during the last three weeks, and the American liner St. Paul took L367,000.
These shipments were mostly to meet the claims against the British Insurance Com- panies in San Francisco.
The Chinese Boycott of American Goods.
•
There is considerable apprehension in America at the growing strength of the Chinese boycott of American goods..
A TRICK THAT FAILED,
THE ROGUS LETTER.
Mr. Sharp said that this was an appeal from he Chief Justice's decision yoashing the writ of habeas corpus delivered on the 24th April, in the appeal wherein they asked that the com minat be abuulled and the men, discharged from custudy.
The Chief Justice: So as to have it placed on be records it would be, well to have a statement as to whether any news has been heard of the missing eighth man, Wang Tsze. Perhaps the bail.ff can tell us.
Mr. F. Howell, Court badilf, said he had no information.
The Puisue Judge: take it you are not going into the question of the partnership of
Wong Ka Chun?
Mr. Sharp: No, no, not at all, that is an entirely different question, and will be gone into on the later appeal.
Mr. Sharp, continuing, said he could not quote any authorities on the perjury as there
none.
The Chief Justice: The summary jurisdic tion is given to obviate the necessity of an in- dictment.
Mr. Pollock: But if a man has been told be has committed a crime, he has a right to ask for detads, and has a right to call witnesses to prove that he had no knowledge of having com-
was none on the subject in the English law. They had thought there might be some no thorities in India, but they found there was
ile presented then the arguments hemitted a crime it was not only necessary, in perjury, to prove that a man's statements were had adduced at the last hearing submitting false, but that they were, recklessly and deli. that the committal was bad, because the ac
berately false. Lused men had not been, told in what their alleged perjury consisted.
ileron discussion arose as to the correct- ness of the quotations of Mr. Sharp, from the fecision against which the appeal was how being made.
The Chief Justice said there was only onc authorised copy of his judgments, and he thought that was understood from the first when the post of official reporter was created,
and copies of all such judgments could be ab-
ained at $1 each.
HONGKONG'S DRAINAGE.
SYSTEM.
A CRITICISM· FROM FENANG.
THE NEW HAGUH CONFERENCE.
RUSSIA'S NOTE TO THE POWERS,
The full text of the Russian note to the Powers on the subject of the Second Peace Conference at The Hague, as published,
contrast in the
"Witing on the subject of drainage in Penang,į the Stratte Echo has certain references to Hongkong which will be read with interest: gives the Emperor full credit for the initiative, Our drainage, systems is not a pretty one (says not mentioning President Roosevelt's pre- the Penang journal) but it is undoubtedly sa-liminary sea this direction. The introduc nitary. Our drains are left opca'day and night tion to the document is a to those best of all disinfectants, sunlight and original Conference of 1889, which pointed out ait, with the result that we are not poisoned by how the increasingly expentive armaments foul emanations, as is the case in Kangoon and were weighing down the various nations, and Hongkong. Rangoon, we are told on the au- threatening the world with a gigantic entas. trophe, and made a noble appeal for a general thority of a contemporary of that town, rejoices disarmament, in order to substitute for the ar in a system of underground drainage. Lenky¡ of armed peace, an era of peace based upon the pipes have led to the poisoning of the soil of setticament of international disputes by the practically the whole town by escaping sewage, Justice of Arbitration. Sot only does the And now the medical folk know not which second invitation not press. the idea of dis armament, but it distinctly excludes it from way to turn to check the advance of the consideration, and only presents as a pro- various filth diseases by which the town gramme for discussion, the questions raised by is threatened in Hongkong they have a the Russian Japanese War, "withnat touching the limitation of the wonderful underground system of drainage on questions relating to
naval and land forces." It is rather remark- which they call the "separate system." Its able that alongside this document, for the of chief peculiarity is that une lot of drains carries future development of the principles off sewage and another lot storm water. Un humanity, which formed the basis of the Con fortunately, experience has shown that just as ferance of 1898," the Official Messenger prints nother batch of repressive laws, making it a. much sewage finds its way into the stormwater
penal offence, with punishment, of tỷ years' drains as into the real sewera and the result is imprisonment, and the loss of civil rights, for disastrous. With an underground system of an armed person to resist the police of other drainage nobody becomes aware of a mishap Government employees, or to make threats in the shape of a blockage or leak until it designed to prevent an employée official from
fulfiling his duty. makes itself apparent by poisoning the sur rounding atmosphere; here, with our surface system, a blocked drain floods the road, the " nearest resident sees that the obstruction is! removed and we do not suffer from unseen evilu.
We believe that there was once an expert who came to Penang and wanted our drains buried underground, but, luckily, he succumbed to a filth disease.
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Mr. Pollock, continuing, said that bis Lord- ship had said that the seven men, had exhaust.province, has sent a dispatch to the Waiwopu ed their evidence, when they were in the box, charging the French from Tongking with | 4 monilis' sight L/C but it was impossible to say that, as had they promiscuously invading non-treaty towns in 6 months' sight L/C...... known that they were about to be summarily Kwangsi and establishing hongs and godowns deal with as criminals they would have had a
in them, even going so far as to purchase se- good deal more evidence to produce, and hé would submit that there was no reasons by the crely land from private individuals without the authorisation of the local officials, all of men should have been deprived of a tral
The Chief justice: It was a summary, con- which are in violation of the Chinese treaties viction.
with France.The Governor asks the Waiwu Mr. Pollock: Yes; but a summary conviction
pu to lodge a strong, protest with the French cannot be, I submit, legal and regular, unless Government and states that he, himself, intends! the necessary preliminaries have been observ.
to address the French Consul in, Kweilin, the ed. Mr. Pollock said he was sure every judge provincial capital; at the same time he suggests was ready to reconsider and reverse Fis preto the Waiwupu that some arrangement should vious decisions if he could fairly do so for The Chief Justice said he was inite willing justice sake.
Mr. James Guy, foreman engineer of the Hongkong and Whampoa Dock, charged a conlic at the Magistracy this phoning, before Mr. F. A. Hazeland, with trespassing in the yard on Sunday morning without permission.
The defendant pleaded not guilty. Defendant, it was alleged, had designed a trick of his own, which he thought would work wonders, would enter the dock and if the way was clear, some brass and copper would be insving after
Mr. Sharp said he had but a few extracts. he left the docks. In case of emergency, that
to read and they were material to the case, 15 10 say if the way was not clear, he would pre
and proceeded to argue as to the meaning sent a letter to the person he mel, so as not to
of contempt of Court, staring that for a inan appear a suspicious character. On Sunday mornag the genius's way was blocked, and on
to commit contempt he must do or say some- Mr. Pollock said that as regards the exhaust meeting Mr. Guy, he presented that gentleman thing in the presence of the Court full welling of the evidence it was not likely that a with the following letter:-
knowing that he was so committing contempt, string of seven witnesses, all unprepared for a criminal charge, should all have exhausted "Dear Sir,The heater, A. Lay, has comIn prejury it was not so-it might appear that
their evidence. pleted his work orderly and carefully in this he had committed perjury, but it had to be ***Company,lie is a man with good character proved before he could be punished, and that and alan wise ta he à polisher or a worker of is why the man was entitled to be heard in his nny Virk Every satisfaction he will give to own defence, for it was a fundamental principle his employer, I dare say, when he is in future of the English law that no man could be employment Good morning to the receiver punished for an alleged offence until that man of this. Yours faithful, (Sd.) S. BANKS." had been heard in lis defence, and only after His Worship--Have you ascertained whether dit proved guilty. Mr. Sharp then proceeded this letter came from Mr. Banks?
to quote at length authorities in support of his
position, your Wurship.
Mr. Guy-I have my doubts as to the com-assertion, that every man had a right to know of what be was accused and in what his offence His Worship (10 defendant)-Who wrote consisted, so that he might answer it, this letter?
The Passne Judge: Wel, about the appeal to the Privy Council?
Delendamı-A Chiasman. I went there to get work.
After evidence was heard, bis. Warship re- marked that he was of opinion that defendant went there to steal, and sentenced him to three weeks' hard labour and six hours' stecks.
Mr. Sharp: Well, that will explain the
if he could fairly see his way,
The Court adjourned for tifin. After the tilan adjournment, Mr. Pollock continued his argument, and quoted a case in which it was said that no interpretation of the law would permit man being deprived of his liberty or property, unless, indeed, the Legis Fature, either expressly or impliedly intended a take away the right to be heard before such deprivation, by giving authority for waiving the preliminaries. Here in the section there was neither expressly nor impliedly any author-
|
be come to with the French Government by which a limit must be set to the number of French troops, quartered at present in the treaty part of Lungchow, near the Kwangsi-Tongking borders. These troops, by the way, were intro- duced into Rwangsi when the recent insur rection in that province was at its height, two years ago, on the plea that they were necessary for the protection of Fiench trade in that port of Kwangsi, although a brigade of disciplined troups from flupeh had been sent to Lung- chow for that very purpose.-N. C. D. News.
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COPIUM QUOTATIONS. To-day's, quotations are a flows.
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Malwa New
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872 .@ 8471
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Hongkong, 4th April, 1906.
Patna.New
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Co-day's Advertisements. PACIFIC MAIL COMPANY.
ity for taking away those rights, and this meant OCCIDENTAL & ORIENTAL STEAMSHIP
expressly and impliedly, that the appelinats had those rights, and they must be given a specific opportunity of being heard in their own defence, and a definite charge must be made, and a definite opportunity of de fending themselves against such charges be heard,
COMPANY.
TOYO KISEN KAISHA.
reason for our prese ce here to-day. We had given them, for before an order for committal, SAN FRANCISCO EARTHQUAKE.
appealed to his Lordship the Chief Justier, and we thought it inexpedient and inadvisable to abandon that appsil, and go to the Privy Council, though we lind the right set down by - precedent of doing so. Bat we could not know when the Privy Couned would be ready to hear us, and so we decided to proceed with the appeal c.dly. I think my learned friend, Mr. Pollock, is at one with me in this.
Mr. Pollock: Yes quite.
Further lengthy authornies followed, The Chief Justice: The question that puzzled me then is what puzzles me now, and that is
the procedure to cany out the natter.
Mr. Sharp: I shall come to that, my Lord. The learned counsel then quoted- more aus thorities
:
As regards the case of the witness who was commated in his absence, Mr. Sharp read from the Chief Justice's judgment in the first appeal,
JUPKNILA DEPRAVITY.
CIGARETTE-SMOKING LEADS TO CRIME. Chan Luk, a hor, about fourteen years of age, residing at No. 48, Reclamation Street, Yau-ma-ti, was placed before Mr. F. A. Haze. land, at the Police Court this morning, and nodded his head in answer to a charge of stealing eight packets of Woodh ne cigarettes from a cigarette shop, at No. 46, Temple Street, at about four o'clock this morning. The ci garette dealer in question has been losing a large number of cigarettes lately, and although he knew who the thief was, he could not capture him red-handed. Finally be applied to the police for assistance and this morning
wherein he said "t was not necessary for the a watch was kept. Three boys, all about the same age, sauntered out of a house and made witness to be present," and counsel submitted for this shop. The bar over the counter did that his case was stronger than that of the Dot seem to hamper them. For ane boy was seen to get his hand in and, puthog out the cigarettes, passed them to his 'confières. The officer made a dash for the boys, but they made off an all sides. The officer ran after one boy, but the "nipper" gave him a run for his money and ball of Yau-ma-ti, was covered, the lad wriggling in and out of lanes. At last he was captured. On pleading guilty this morning, his Worship ordered him to receive twelve strokes with the birch and to be detained in gaol for forty-eight hours.
THE WEATHER,
The following report is from Mr. F, G, Figgi First Assistant of the Hongkong Observatory :--- On the 8th at 12.10p. The barometer has fallen in NE. Japan, and risen on the Chien
coast,
The area of high pressure remains over 'E. Japan, and the depression appears to be filling -up of the W, coast of Japan.
Gradients are slight on the China coast, and moderate NE, winds may be expected in the Formosa Channel and light variable winds over the N. part of the China Sen.
a hers.
|
on conviction, their defence, must be These men came to Court simply to give each of them his own particular story of what he knew about the man Wong Ka Chun's con nection with the Lai Hing Bank, and told them separately acccording as examination and cross-examination brought them out, no subst. quent witness being present at the time.
The Chief Justice: Are you going to press the appeal?
Mr. Pollock: That is what we have at present in contemplation, my Lord.
Mr. Sharp We, my learned friend and 1, have the question in consideration, and it may go to the Privy Council:
P
ASSENGERS desiring to pass through SAN FRANCISCO are hereby informed that our railroad connections and terminals have. suffered no injury whatever, krom EARTH- QUAKE or FIRE,
PIANOLAS.
Just Landed.
FIRST SHIPMENT.
A PERFECT SCOTCH WHISKY.
We are prepared to handle all traffic with the same facility and despatch as in the past. Passengers will be furnished accommodation on our steamers until the departure of trains. Every care and attention will be bestowed on the travelling public by the officials of these D. & J. MCCALLUM'S Companies, affording an opportunity to witnes, the City of San Francisco in its present state.
Hongkong, 8th May, 1954.
THE
PUBLIC AUCTION.
HE Undersigned has received instructions
to sell by PUBLIC AUCTION,
Upon the point of the requirement of the law that, the charge be specially set forth, Mr. Pollock quoted lengthy authorities 10 support his argument in that connec tion, and submitted that the imprisonment of the appellants in this case was contrary to law, as he submitted that the requisite preliminaries had not been complied with, and with all due deference he would subunit that his lordship the 12th May, 1906, commencing at 7.30 PM the Chief Justice had acted without jurisdiction.
at his Sales Rooms, Duddell Street,
The Chief Justice.: The jurisdiction was given for summary conviction for perjury, There is nothing in the statutes to alter that- you infer the want of jurisdiction.
The Chief Justice: Then what am I, what all necessary preliminary action precludes the is the judge to do?
4
Mr. Sharp: Of course your Lordship has the power to bring him here, and tell him of what he is accused and hear his defence.
The Chief Justice: But if the man has gone, say, to Canton, what then?
Mr. Pollock: No, my Lord the absence of jurisdiction, and therefore there was, I submit no jur.sdiction. Mr. Pollock then briefly re- ferred to the question of the signature to the committal.
Hi Hanour the Chief Jostice: That is not that it is by order of the Court. a signature to committal; it is only a certificate
Mr. Pollock: My point is that no signature of the commitling party appears on the com- mittal papers, or the warrant, and it is
necess.
Mr. Sharp Then your Lordship cannot exercise the summary jurisdiction.
The Chief Justice: Then the summary juris- | ary. diction is destroyed?
Mr. Sharp: In this case, certainly so. It is necessary that the accused man should be present, for he has certain rights as to being | heard.
►
Continuing. Mr. Sharp said that this was not an appeal on the merits of the case, but as to the irregularity and illegality of the proceeding. Mr. Sharp then said leaving aside those points he would say a few words about, the Aabeas corpus.
The Chief Justice said he thought it his duty to point out a case in which it was laid down that if the Court considered the offence had
An argument on the point as touching the usual practice of the Court ensued, Mr. Pollock holding that it was necessary for the gaoler to have some duly signed document for holding a prisoner,
The Puisne Judge: There is a warrant signed by the Registrar.
Mr. Pollock: But that is not "under the hand and seal of the committing authority" as required by the Ordinance.
The Chief Justice: The Registrar simply reduces the verbal order of the Court to writing. Mr. Follock: Quite, my Lord, but it must be signed by the Court, I submit.
This point was again argued at length, and then Mr. Pollock said he would merely ask their Lordships to grant the orders asked.
Forecast:-Light or moderate E. winds been committed, it could deal with it summarily, to which he wanted to be she subject
showery.
IT will be learned with much regret that Captain G. B. Ren, the well-known Lower Yangtze Pila, has had to lave bir left arm amputated. It appears that Mr. Rea met with an accident the other night which resulted in the breaking of his left arm, a misfortune which had twice previously occurred, and in con sequence it was found impossible to save the
as a contempt of Court,
Mr. Sharp, continuing, said as regards the writ, the relief of the writ of habeas corpus wan always available when it could be shown that the person had been deprived of his liberty in an illegal or irregular manner, and was a proper, ready and the best method of raising the question as to whether the arrest was made in a legal and regular manner. It was only in criminal cauçu that the writ wan
Mr. Sharp then said there wandist one point
their Lordships-the liberty was a much more important prifciple of law than as to whether a considerable prolongation of a case should occur, and he would submit that any case should be prolonged rather than
that a number of Innocent men should be sent to prison..
The Chief Justice: We will reserve our decision.
The Court then adjourned,
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[542
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[336
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On view from Friday, the 11th May. TERMS:-Cash on delivery.
GEO. P. LAMMERT,
Auctioneer, Hongkong, 8th May, 1906.
THEATRE
[143
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HAMBURG-AMERIKA LINIE,
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[544
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Hongkong, aðth April, 1906, :
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