1906-06-25 — Page 4

Intimations.

A. S. WATSON & CO., LIMITED.

ÆRATED WATER

MANUFACTURERS.

In the manufacture of High Class Mineral Waters the following are essential -- .

PURE WATER.

UP-TO-DATE PLANT.

THE BEST OF MATERIALS

AND

NOTION,

THE HONGKONG TELEGRAPH. MONDAY JUNE 25, 1906.

LOCAL AND GENERAL.

PLAQUE appears to be dying out, Between noon of Saturday and to-day only three cases have been officially resumed. This is satis

All communications Intended for publication in "The HONGKONG TELEGRAPH" „bond. Ia addressed to The Kälter, 1, Ice House Road, and shoot be accompassed by the Writer's Name and Address. Ordinary basic contmatizaciona słould be addrowed factory,

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Single Copies Daily, len cents: Weekly, twenty

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DEATHS.

EMPIRE Day was widely celebrated through out the British Dominions, 8,595 schools in^| Great Britain, and 22,295 schools in thócolonies|| participating

J.

THE LAI HING' BANK CASE.

WAS WONG A PARTNER?

Dilior-

said, and he could also say that he personally did not believe him, but it was for him also to tell the jury that that was only his opinion, This morning, is Bankruptcy Jurisdiction, and it was for them to consider whether the

witness was worthy of credit or not before the Full Bench, consisting of theirwise it was a direction to them to reject all Honcurs Sir Francis Piggott, Chief Justice that witness's avidence and be would submit and Mr. A. G. Wist, Puinne Judge, the appen, that that was a misdirection. It is a duect to the case of Wong Ka Chuen was continued.statement for the jury to act upon, without the Hon Mr. H. E. Pollock, K., and Mr. E. Hoption for them to exercise any judgment in Sharp, K.C., instructed by Mr. G. K. Hall Brut-the matter; and he would submit that that was ton, of Meism, Braton and Helt, appeared for going beyond a judge's province. the appellant, and Mr. M. W. Slade, instructed by Mr. R. A. Harding, appeared for the res

THE Chinese Engineering and Mining Co.'s total output of the company's three mines forpondent. the week ending 9th June, 1906, amounted to 30,204.03 tons and the sales during the same periad la'17,540.80 tons.

available,

Mr. Slade, continuing his argument, said that the points on which there could have been mi direction to the jury, could be as to the effect of the reference to the affidavits.

It is only important to ascertain what is the duty of a judge in charging a jury, and what is

The Chief Justice then said that as regards the expert's evidence as to the alteration, be did not believe his evidence for it was -palent to everybody that in making an alteration on Chinco paper one did a very different thing 10 making one on foreign paper, as the writing was thicker, and broader, and it would be more difficult to trace what had been previous

PRESIDENT Roosevelt bus approved the plas to make a loan to the city of San Francisco from the Government funds of twelve millions,

a misdirection. With regard to the questionly written. That was perfectly clear.

Mr. Pollock: But that is only expressing with which to begin the work of rebuilding of law, the judge is bound to state the law and your Lordship's opisies; it may be a very valu On the 6th May, at Worthing, England. This money will probably be made immediately, it is the duty to accept the law as rated by the able opinion, but still it is only an opinion with.

judge. The jury are not to consider the law counsel, has the judge misdirected the jury?

His Honour the Chief Justice: You mean et present as regards the affidavisi

Mr. Slade: Only as regards the affidavits, my Lord. The law is very broad on this point

TELEGRAM.

41

HONGKONG TELEGRAPH”

BERVICE.

SMUGGLING OF ARMS

INTO CHINA.

APPREHENSIONS AT TEKING.

VIGILANCE TO BE EXERCISED,

[From Our Own Correspondent.]

Shanghai, 25th June,

2.15 p.m.

The clandestine trade in arms and ammunition is exercising the concern of the Authorities at Poking."

The Constabulary Board is alarm-

ELIZABETK BIRT, widow of William Birt (late, of Shanghai), aged 68 years.

On the 17th Jude, at Shanghai, Bassi® | CHAN Kan, a boatinan, was charged this for themselves. in this case, asked learned out evidence to support it. In the summinged at the enormous quantities of NAFTALY, the beloved wife of H, A. Nattaly momitg, at the instance of the. Water Police, *aged 24 years.

before Mr. H. H. J. Gompertz, with making fast to the an. Phuyen, whila under weigh in the harbour, yesterday. The boatman pleaded

EXPERT MANIPULATION. Che Hongkong Celegraph

All these conditions are obtained in Waters of our manufacture.

Absolute Purity. Repeated analyses both locally and at home guarantee this.

Up-to-date Plant. Our policy is to continually introduce every modern im provement in machinery and appliances and although such changes are invariably costly in the first instance the results attained is-

Perfect Aeration and economies in working justify them.

The Finest Materials only are used. English Experts manage our factories, and our Waters are acknowledged by lead ing English Makers to be equal to those of their own manufacture.

Hongkong Celegraph guilty, and a Los of Syo imposed.

Hongkong, MONDAY, JUNE 25, 1906;

THIS morning, at the Polite Court, before M F. A. Hazeland, Inspector Langley prosecuted the master of the, steamer Amiral Extimans for neglecting to exhibit a bright light on his vessel while entering the port, last evening. The charge was admitted, and his Worship imposed a fice of Sto.

and states that if a man has admitted that he is

up your Lordship says" we all know thetain of the old schoolmaster who said that an expast could always see that which bo wished to see, That, surely, is tantamount to a distinct state- ment that the expert's evidence was unworthy of credit, and for no other reason than that it was the evidence of an expert. That witne a partner then the law bolds that he is a part had, after careful examination of the writing, ner. Continuing, counsel said be found that it gives it as his opinion that the name in the was laid down by a very learned judge that book bad originally heen "Wong Ka Chuen," the express admission by a party to but had been subsequently altered to "Wong suit were strong, evidence against him, Leong" After further argument learned counsel submited that they would have been perfectly but he thought he should be allowed to prove that be made the admission by mistake justified in asking for fadgment on those affida- and that the statements were untrue. Here, vits alone. But in the summing up, he said, his Mr Slade quoted at great length authorities in missions were untrue and the man making them could prove it so, then they were no bioding upon him.

arms and ammunition that are now known to have been surreptitiously smuggled into the interior of China.

It is ascertained that the nefarious. traffio is the work of the numerous secrot societies existing at the Treaty Ports.

The Imperial Government has di- rected the Provincial Authorities to

before Mr. H. H. J. Gompertz, at the Police support of his contention and that if the ad. Honour said he would have to be satisfied that } exercis the strictest vigilance.

*

OUR NATIVE POLICE.

When a paternal Government sets out to enlist policemes from the ranks of all Comen amongst the natives of an Eastern Colony, policemen, who are to be the. S. MACDONALD placed an aged Chinaman future "guardians of the peace," the main Court this morning,charged with begging in the tainers of law and order," the "protectors public street, yesterday. The Chinaman plead of life and property" of the inhabitants of ed guiky," "Tell him," remarked his Worship, that colony-pulling, as they necessarily have "that he is fined $3, and if comes up here to do, so much authority and power into the again be will be put in the stocks," bands of those self-game policemen, it be hoves the Government to searchingly in These results have only been obtainedquire, into the antecedents, and not only through constant experiment; the adverse climatic conditions of Tropical Climates for antecedents, but ancestral history of the the successful manufacture of high Class applicants for the vacancies that must occur, Actated Waters, 'necessitating special study. in the natural order of things in the local Police Force Perhaps in no country, State Our Stone Ginger Boor is the only successful production of its kind in Tropical or colony was such caution required as here Countries. It at once became popular and in this Colony of ours, where crime is increasing sales testify to increasing popular ity. Brewed from the finest Jamaica Ginge perennially rampant, and where only the it is perfectly wholesome and is an idea: best material should be secured to fill the summer beverage.

ranks of the necessary native police force. It is not our purpose at present to do more than animadvert apon three cases out of

A. S. WATSON & CO., the numerous instances we could adduce,

LIMITED.

ESTABLISHED AD, 1841. Hongkong, 21st June, 1908.

TO PREVENT MISTAKES

WHEN BUYING

WHISKY,

PLEASE NOTE THAT

OUR

The Chief Justice: Were these authorities quoted in the Court below?

Mr. Slade: No, my Lord, I have only jusi

found them.

Aker further discussion Mr. Slade passed on to the question of misdirection, and, stated that the law of misdirection was a very old one, daing back over sco years, and it provided that the person who considered himself aggries

THE N. C. D.„News is informed by the Wei- haiwel Gold Mining Co., Ld. (1935) that a tele- gram has been received from San Francisco giving the results of the first lot of concentrates. which yielded Gold $2,477 for 8 tons; as against Gold $65 per ton, the mine assay value. In view of the above unexpected results, it wilted at the summing up by the judge to the jury, be necessary to call up immediately the re- then the aggrieved party bad the right of maining dollar due on the shares.

protest at the time.

་

ilis Honour the Chief Justice said on looking through his summing up he found he made to raference to the meetings at the Bank prior to the meeting of the creditors.

Tax Guild of Embroiderers at Canton, says a Shanghai vernacular journal, bas recently established a Voluntary. Anti-opium Associa- tion, and many opium-smokers among their Mr. Slade, continuing, quoted further au ranks are vying with one another in joining.thorities, and then passed on to the general The regulations are very strict, so that if any results arrived at, and it was that a jury was member smokes opiam again after admission, not misdirected unless material facts in the he is at once expelled from the guild, and will evidence had been omitted, and submitted that not be able to find employment again.

pa material facts had been omitted here.

Asregardsthevardiet being against the weight of evidence, learned counsel quoted again al great length, from various authorities, to show

Tupan Timesslates that subterndean caves recently discovered beneath the military drill ground at Haramachi Saochome, Ushigome, are attracting large numbers of spectators. So for three have been explored, but it is believed that more caves exist. Each of them is about 12 feet wide, 28 feet long and 6 feet high, and they are connected with each other by subterranean passages. The purpose for which the caves were made is unknown. The ground was formerly occupied by a feudal lord named Mizuno Oinokamni.

of corruption in the native police; suf- fice it for the object of these comments that from one police station alone, within 13 the briefest possible, periód, three of the members of the native police, sworn to

the evidence was all heard by the jury fidelity to Our Sovereign Lord the King,

the matter of the verdict had to be itfl and to the maintenance of the majesty of

to them. Misdirection on a point of law by a the Law, have had to take their places in

judge to a jury was ground for a new trial, the felon's dock, to answer to moil grave

cartinued couniel, but erroneous advice of the and serious charges. In one case an Indian

judge to the jury was not ground for a new trial, and as regards the points it was left to constable was arrested for causing grievous

the discretion of the judge what points were bodily harm to a Chinese, hawker and was

accessary to be placed before the jury, and if held. for 'trial, pending the result of the

any material points were omitted in his sum victim's injuries. The man had to undergo

ming up, either party could point out those omissions to the judge so summing up. The an operation as a result of those injuries and

only duty of the judge in summing up was to eventually recovered, but the latter had, in

guide the jury on the points of law, further the meantime, "evaded the law" by dying

than that he need not go. All the facts of the of pneumonia. Shortly after that followed

case were known to the learned counsel for the case of one Jakong stealing a watch and

Further particulars are at present to bond re- the plaintiff and he heard all that was said to other articles from a comrade on the force, garding the Leighton Hill Road affair, which was the jury, and if he did not then point out la for which he was imprisoned, which im reported in the Hongkong Teligraph of Satur-he judge the mistake or the emission he was with day last. As was previously stated when the then making, he could not come at this late prisonment, we need hardly say, carries

police received word of the outrage and visited hour and ask for a re-hearing on the ground the premises, Mr. Aoki had already been re- ¦ of misdirection. It was absurd to consider it moved to hospital and the polits were unable | for a moment.

CLUB No. 1

IS THE ONLY CLUB WHISKY

IN THE COLONY AT

$18 per Case.

WE CALL IT No. BECAUSE

IT IS SO IN

EVERY RESPECT

AND ALSO TO DISTINGUISH

FROM OTHERS.

CASHLESS, 10,

́OREDIT. LESS 6.

GREGOR & Co.,

WINE MERCHANTS. Hongkong, syth October, 1995,

[36–za

it dismissal from the Police Force. Finally comes the case reported on Friday in which a lukong, from the same station, was.com; victed of receiving at least two bribes from ́ a hawker in the district, with a view to in- Buence his conduct as a policeman, the man being fined $100 on each count, with the usual alternative. These are cases that are known, because they are detected and the offenders brought to justice, and punished. But for the three that are detected how many go undetected. It is not to say that because three evil-doers have been caught and rooted out of one station alone that there are not

LEIGHTON HILL ROAD

OUTRAGE.

MRS. JOKI'S Statement.

conscious condition..

1

then to obtain an interview owing to her up- The Chief Justice said that he put it to the jury that the evidence of several of the wit- nesses was discreditable, and only one was, if not creditable, at least not discreditable, and therefore it was unnecessary to refer again to | their evidence.

Mrs. Aoki received immediate skilled atten- tion at the hospital, and on Sunday it was deemed advisable to perform a surgical oper ation. This was so far successful that, critica) as Mrs. Aoki's condition was reported to be on Mr Slade, continuing, said that it appeared Saturday, a decided improvement was notice to him that in summing up, he had several re- able to-day and hopes, we are glad to say, are marks of leamed counsel to attend to. He, the speaker, was not present, but in reading entertained for the lady's recovery.

The palice were granted an interview yesterday oyer the summing up, he found that his Hen. and Mrs. Aoki, through an interpreter, said that oar broke off at times, and left his statements she was able to identify her assailants again. incomplete, as if he had been led to another "After she was overpowered the robbers, two in issue by those remarks of leamed counsel.

there was sufficient evidence to support the statement, When a man inakes solemn admis. sions, it is for him and him alone to substanți. ote them or otherwise. Learned counsel then proceeded to quote authorities in support of the granting

of re-trials.

Considerable discussion then ensued, and then learned counsel pointed out that there was another omission as regards the visits of the witnesses to the Bank,

The Chief Justice: Well, yes, there are just two omissions, but they are so infinitesimal that they are not of any moment.

Mr. Pollock: Infinitesiqial? I submit not. my Lord.

The Chiel Justice: Oh, yes 1.

Mr. Pollock: Thea,if your Lordshipholds that the omission is so infinitesimal then I'must address your Lordship on the point.

Considerable argument again ensued on this point When the Chief Justice said that he omitted to mention the facts of the four men's evidence whom he discredited. It was simply an unintentional oversight, but he summed up to the jury as the case was put to him.

Mr. Pollock: "Pat" my Lord? Chief Justice: 'Yes, as the case was put lo

д.

Mr. Pollock: But surely, my Lord, a witness, or several witnesses, cannot "put" a case.

The Chief Justice said he meant the whole cass as submitted to him.

The case continues.

A MACAO BANKER

RODDED IN KONGKONG,

THE DUMBARTON" SALVED.

BR. J. W. JAMESON'S SUCCESS.

News has been, received by telegram that Mr. J. Watt Jameson has successfully salved the s.s. Dumbarton, which was wrecked in De Castrict Bay, Siberia.

Mr. Jameson's salvage steamer City of Birm- inchami conveying the Dumbarton to Nuga- saki, in which place she will be docked,— Communicated.

DEAD EUROPEAN FOUND IN THE HARBOUR.

BELIEVED TO BE A MERCANTILE MARINE OFFICER.

The body of a European, who, from outward appearances, appears to have been a mercantila marine officer, was found floating near the Can- ton wharf last night, and was picked up and removed to the mortuary by the palice. The body was still fresh, and the police say life had not been extinct twenty-four hours. On arrival at the mortuary nothing was found on the reo- mains that could lead to identity. Decosted was a man about five feet seven inches in height and about 45 years of age. He bad a full grown black beard and moustache and good crop of black hair. When picked up he was wearing a dark cotino jacket and pants of a dark colour, also a check shirt. An empty bottle was found in one of the pockets. To-day the body was photographed at the mortuary, and any one who thinks he could identify the dead man can call at the Central Palice Station where he will be shown the photograph.

POLICE RECREATION CLUB.

C.

A very interesting case came on for hearing, hefare Mr. H. H. J. Gampertz, Jat the Police Court this morning, when Chan Chung, nephew to the master of a shop at No. 142, Queen's Read Central, was charged with sealing a

TENNIS TOURNAMENT. purse containing Stago in money and two

The first round in the ladies' nomination promissory notes to the value of fico, from an accountant, yesterday. According to the tennis tournament of the Police Recreation evidence heard complainant is an accountant Club commences this afternoon, at the Happy in the fo Hang Blank, Macao. He came to Valley. The following are the players:-in- Hongkong on Saurday and during his stay inspector Kerr (nom, by Mrs. Carrod), Sergeant. the Colony put up at 142, Queen's Road Cuthbert (by Mrs. H. G. Baker), Sergeant Coun- his coat in his rooms on the third floor to go Central. Yesterday afternoon complainant left sell (Mrs. Baker), Inspector, Robertson (Mrs. Hangon), Mr. Quino (Mrs. Culliford), Sergeant below for a shave. When he returned to the

McLennan (Mr. Abley), P. C. Edwards (Mrs, room the purse wat gone, and so was the de McHardy), Inspector Withers (Mrs. Sims), fendant. A report to the Central Police Station

P. P. J. Wodehouse (Mrs. Badeley),

(MI. followed and later the defendant was arrested

Parr (Mrs. Cuthbert), Bergi. O'Sullivan on the Charles Hardouin's what!. When

Watt, Sergt. Gerden (ra. Lyons), Sergt. arrested defend et admitted, in the presence of Grant (Mrs. Baker), Inspector Ritchie (Mrs. the fukong and the complainant, that he had Robertson), Sergt, Clyde (Mrs. Langley), Sergt." stolen the purse, but had thrown it into the sea, Kent (Mrs. Lauder), P. C. Waterer (Mrs, Aris), Inspector McHardy (Mrs. Cameron), Sergt. and volunteered to return the notes which he

he Earner (Mrs. Clark), and Inspector Langley had in his pocket to the complaint provided was released from custody. On being searched (Mrs, Kent) at the Central, Station $13.50 was found on the accused, and before being put in a cell he again admitted his guilt. Yet at the Magis tracy this morning he denied pleading guilty in the charge-room and was acquitted by the Court. The complainant admitted that the money he lost was made up of two five-dollar bills on the National Bank, the balance being in subsidiary coins. When the defendant was banknotes on the Hongkong and Shanghai tank. The Court could not account for this, but simply wanted to know, if complainant lost. when arrested. How did he come to have any money or him at all when he was supposed to anly possess tweety cents for his far to Can- ton? However, complainant's reply for da- fendant being in possession of the extra dellar was that in all probability defendaal sold bis purse, and did not throw it away as explained. The Court could not consider the explanation satisfactory, remarking it was imposible, and the man was allowed to leave the Court.

others in that some station, whose tum will number, brake open a box in search of loothe Chief Justice said he was dealing with: Searched the $1350 found on him. were partly and finding nothing valuable, were about to the three points of the inducements, and after mike a further search, when, thinking discre analysing the evidence on that question, and tion the better part of valeur, they left the finding nothing in it, he thought it unneces$12.50, how $13.50 could be found on defendant house without' remoring anything.

ANOTHER BUILDING COLLAPSE.

AT WEST POINT.

|

sary to say much upon the second and third points.

Mr. Slade continued his argument, and after quoting further authorities, the Court ad journed.

come some day. But it is a scrinus matter for the public weal that the native Police Force is in such condition that one police station alone can furnish no less than three delinquents from its ranks, all within the space of a few weeks. Articles have ap- peared time and again in the local Press

After the bffin adjournment, Mr. Pollock columns complaining of the inadequacy and inefficiency of the Police Force in Hong. During the early part of this month, it will said he wished to say a few words upon the kong, and while we must be candid to admit be remembered that three houses--Nos. 226, point put him by his Honour the Chief Justice on the maxim of res ipse foculor, and proceeded there is a very great deal left to be desired, 218 and 230, Queen's Road West and at the

corner of Easter Streel-collaped, and alto quote nothorities to show that the onts of what, we ask, can be done with such un-though there was no loss of lives, yet one or proving accident lay with the person causing satisfactory, such unreliable, material, and

two fakis had to be removed to hospital owing. A discussion arose between the judge sud how can the Inspectors (the officers in-

to slight injuries sustained by the falling debris, learned counsel, the latter holding that it was variably responsible for the actual police. A few days afterwards, when the houses were not for the plaintiff to prove or disprove the work, and who, as invariably, some in for cleared of the refuse, excilement prevailed one fact of accident.. the blame, when anything goes wrong, while night when it was learnt that the party wall receiving but very little praise when all goes adjoining house No. 232 was bulging out. The police were called out and ordered the inmates well) be expected to do justice to themselves policiere culcuses on that bleck to quit the or to their districts? A more rigorous and premises. This they did, and the Public Works bearching investigation into the antecedents Department staff set to work to shore up the of would-be policemen is incumbent upon paity wall. the authorities, for only so can they hope to secure a police force composed of material

worthy of the same.

LOAD Davey has introduced a Bill which, among other things, brings lenses of golf links within the Salled Lands Act,

In this caso he would contend that the

THE SWAJOW-CHAO-CHOW-FU. RAILWAY.

The competition is to be completed by 7th July.

SHIPPING AND MAILS.

MAILS DUR Canadian (Monteagla) 27th inst. French (Tonkin) 28th insi, Indian (Luftang) 29th Ipst. English (Devanha) 19th)inst., 6.a.m) Canadian (Empress of Japan) grd prox. German (Bayern) 4th prox.

The T..K. K. s.3. America Maru arrived at San Francisca on arst inst

The 1. C. 5. N. Cola ss. Laitang from Cal catta and the Straits left Singapore for this port on 23rd lust, at 3 pm.

The N. V. K. Bombay Lite ss. Habata Afar left Bombay for this port via Tuticoria and Singapore on 23rd inst.

The N. Y, K. Bombay Lines.s. Wakosa Maru Jeft Singapore for this port on 270d inst, and is expected here on 28th Inst.

The T. K. K... Hongkong Marus 'will sail from Yokohama for this port on 20th inst, and will be due to arrive on 7th prox.

The P. & O. S. N. Co's ss. Devanka left Singapore for this port on 24th inst., at 10a.m., with the outward English Mails, and le dus

here on 29th inst. at 6 am,

The Impenal German Mail as. Bayern car- rying the German Mails with dates from Berlin of the 5th inst, left Colombo on 23rd inst., p.m., and may be expected here on 4th prox.

C. P. R. Co.'s. Empress of Japan

8 arrived at Yokohama at

a.m., on 25th inst., and left again at 2 pm same day, for Kobe, where she is due to arrive at a' p.m., on 25th

The railway which is to connect the treaty port of Swalow with the prefectural, city of Chao chow-fu, the concession for which was given in 1903 to Ane Chang Yu-nan, & Chinese has not advanced as rapidly as WAS merchant, learned judge was not entitled to say to the expected, owing to many imponunt causes.

Another matter jury that any witness individually was not The main difficully experienced his been in worthy of credit. That was a direction to them purchasing lands Amper rint which occurred groject that part of the evidence. It was early in 1905 and in which two Japanese work much the same as if the judge, upon the wit men were killed Since August of last year, ness entering the box, refusing to hear his however, work has been progressing more embankment has made and ity walut 6.45 o'clock fast evening house No evidence as being untrustworthy. And there rapidly. As an Akron, a distance of about 332 collapsed, leaving, as in the previous case, fore if the learned fudge told the jury that any ten miles. The total length of the line will be the verandah and the cook-house standing. As witness was unworthy of credit, it was thirty-two miles, and there will be seven in is known this house bad already been vacated, a misdirection, and therefore, on that ground termediate stations.

All material for the railway in

The C, P. R. Cole xx, Empress of India therefore there are no fears of anyone having along they were entitled to a reheating, japanese contractors, no public tenders having arrived at Shanghai at so p.p1, on 23nd last, been buried in the rulas. Coolies are now at was not for the learned, judge to tell the jury been asked for. The locomotives have been and left again at 8 pm, Saturday, for Naga work removing the débris, and further shoring that a witness was unworthy of credit; it was ordered from America, the rails and rolling saki, where she is due to arrive at 7 1.02. 04

25th inst up are being carded out.

for the judge to tell the jury what the man stock from Jupas-5.6. Daily Journal,

init

The C. P. R. Co.'s La. Monteagle arrived at

Nagasaki at 7amh, an asth inst, and leaves again at 3.30 p.m., same day, for Shangbai, where she is due to arrive at 6 am, on 27th inst supplied by