1911-05-06 — Page 15

SUPREME COURT.

OLAIMS BY INDIAN WATCHMEN.

THE HONGKONG TELEGRAPH SATURDAY MAY 6 1911

LAW.

POLICE PROSECUTION FAILS.

That's the usual practice whon A POINT IN LICENSING a person stands guarantor?-Yos

"Now

you signed this document promising to pay $35 a month and only ten days before you had sign- CAN. AN INFANT BE SUED?

od one for $20 a month, making | $55 a month. Why, did you do that? Because I know. Rosario was drawing $80 a month from the Dutch Bank.

BecauSO

How old are you?-Ninetoon. How do kuow

you I was born in 1801.

How do you know?--1 beard from my mother,

Before Mr. Justice F. A. Haze- land, Acting Pitisno Judge, at the Court of Summary Jurisdiction this morning, Shudda Singh and Hurnam Singh, wetelimon, sued A. F. Baptista to recover the sums of $380 and $180, respectively, duo undor promissory notes dated the 8th December, 1910, and the 19th November, 1910. Mr. M. Reader Harris, of Mosure. Wilkin- son and Grist, appeared for both the plaintiffs, while the defendant was regarding the question of was represonted by Mr. A. Ginfancy. Jackson, of Messra. Johnson,

Mr. Harris-It must be strictly Stokes and Master.

proved by calling either the father

So it's merely hoursty?—Yes,

His Lordship at this stage said he did not know what the practica

Mr. E. R. Hallifax gave an interesting decision, this morning, at the Magistracy, on a point of licensing law, raised by Mr. Roader Harris on Tuesday. The caso concorned a charge, brought against David Frolman, licensee of "The Land we Live In," of allowing a woman to

ult.

bar on "tho 23rd

a

Defendant pleaded not guilty and police ovidence was given kept on his house on the evening showing that a watch had been of the day in question. During period of 1:1-4 hours, according His Lordship (To the defend-to the polico, a woman played Mr. Jackson-How much didant)How do you know you are the piano, and served a British 102-1 saw it on my birth corti sailor, an American sailor, and a Witnoss―$380.

fleate.

civilian.

The first plaintiff was called in-or mother. to the box and proved his claim.

you lond?

You ask us to believe that that

amount does not include interest? -No, it doos not. There was n

vorbal agreement for interest at per cont. per month,

5

Did the defondant sign the do- ' cument as guarantor?-Ho said "Rosario is my friend and I want to stand guarantor to him.".

Whero was the document signed Outside the gate of the tram station.

Did Rosario pay you any terest ?-No.

None whatover ?-No.

Mr. Harris-So you only know it from what you liave seen of it? His Lordship-But the birth. certificate is conclusive evidence? Mr. Harris-Every defence must be proved.

His Lordship (To defendant) Can you produce the certificate?

-I think I can.

You think you can! Is it at home?-I think so

When did you last secit?-livo in-years ago (Laughter).

Yes,

Did you ask your mother When did you lust ask her? Did you know the age of the Within a day or two?—No. defendant?-No. Rosario ?-No.

Mr. Harris said his friend

ovidently intended to plond in- fancy. He did not know whether his Lordship would bo against, sible. him or not on that point.

Mr. Harris called no witnosSOB,

BEGGING AND GIVING.is this new, portentous proposal

The other day, a British magis trato placidly proposed, apparent ly in so many words, that not only boggars should be punished, but also anyone who gives to beggars. Legally, this may be stated in the following two judgments: (1)

pro:

thatevery poor man may be sumed to be deceiving; (2) that overy rich man may be presumed to be wilfully deceived. The first opinion, if not quite logically clear, is quite legally established. The second is now, and soodus even slightly improbable. I wish I know what that magistrate a crime to give help where it is meant. Does he mean that it is

it is a crine to make a mistake needed? Or does he mean that about where it is needed? On either line of thought, I should enjoy watching him, draft the Act

of Parliament.

This is a moral matter, on which we must got our ideas clear; and I propose to clear my own ideas and yours, whether you like it or not. What is a asks help from another man solely beggar?

A beggar is a man who

a

SUNDAY SERVICES.

Peak Church-Holy Commu

that the rich man should share varizing punishment; justly dueto nion, at 8 a.m. with the poor man the same pul- both because they have both boen St. John's Cathedral, Hong- equal partners in the act of Chris kong. 30th April; End Sunday tin charity. Hitherto our low after Eastor. Holy Communion, his given a special and hideous 8.15 a.m. Matins, 11 am. Re- meaning to the sentence. It is sponses, Ferial; Venite, Hindle; better to give than to receive." Isalms of the 30th morning; To

·TO ASK AND TO GIVE:

Deum, Lowes, Cooko and Hop- In the slums of London or kins; Bonodiotus, Barnby. Holy Glasgow this has, indeed, been Communion, 11:45 a.m.: Hymas, true. To give only meant being 140,250 and 107; Kyrie, Hiles in blamed by economists. Toreceive. Evensong, 5.45 p.m. Re- meant being walked oft by police- sponsos, ferial: Psalme, of the men. But if the alms-giver is to 30th evening; Magnificat, Nuno be punished too, we shall really Dimittis, Maunder in G.; An- I can soe, all the generous richt Hymns, 13, and 420; Sevenfold 650 tremendous larke, As for them, "Sing praises,Gounod

the mean rich to govern the Stato, Thompson, B.A.; Voluntary, Fan- will bo put in jail, leaving only Amon. Proscher, Rov. C. E.

condition to which we have, in-tasie and Fugue-Bach. deed, through many causes, been tending, but which we never thought would be completed and crowned by such a coup d'etat an this. Already to ask is a crime, though it is not a sin. Now up parently, to give is acrimo, though

a

it la actually a virtus. ·

can be stopped and answered by But, indeed, any sucli nonsenso

UnionChurch, KennedyRoad. Special Morning Pronchor, Rov. G. H. Boudfield. Pablio Worship 11 am and 6 p.m. Service for Children in Peak Church at 3 p.m.. conducted by Rev. C. H. Hickling St. Peter's Church, Queen Road, West. 3rd Sunday after 11a.m. Vonite, Elvey Banks, Easter, 7th May, 1911. Matins, Psalms, "Langdon's Collection." ward, Smart, Turlo. Kyrie, Abba. Henley, Trent. Te Deum, Wood-

Communion, 12.15 p.m. Even- Hymns, 107, 201, 100, 301. Holy

16

Intimations

BUTTER

OUR "DAISY" BUTTER is the flacat quality Table Batter Imported.

We stock three other brands at prices to suit all. The Dairy

Limited.

Co.,

POPULAR ASAHI" BEER

taining 4 dozen quarts or 6 dozen plats. Hongkong, 7th April, 1911.-

St. Andrew's Church, Nathan Road, Kowloon. 3rd Sunday after Easter, 30th. April. Morn Communion at 8 a.m. noon. Sun-Auction Sale, to be bell on MONDAY, Holy PAR

ARTICULARS end CONDI

TIONS of Letting by Publis day School at 2.30 p.m., in British the tosh day of May, 1911, 94.8 panx School. Evening Service at 0 at the Offices of ine Pubile Works

but raised a point of law. The position of the defendant, he said, was that he hold a licence. in Hongkong for the sale of liquors. That had been granted to him under the ordinance of 1898 as in the name of something ox-one quite simple question. All amended in 1000. It was grant or charity, the Fatherhood of the wrongness of giving prompt traneous but common-na kinalip this cold, fishy philosophy about

and under specific conditions. It He does not ask for the bread arose nearly a century ago, ed for the payment of certain fees God, or the brotherhood of man, and personal help to the poor was a contract between the gov because ho can at once give you science and scientific keys to Magnificat, Smart, 14th p.m. eramont and his client, whereby the money, as in commerce. He

when people really believed in song, 6.30 p.m. Pealmis, Goss. Note our Price $12.00 per case con- so long as he fulfilled the condi- does not ask for the bread be social life. Before that time, Nuno dimittis, Barnby 7th p.m. tions heshould have power to carry cause he will soon be able to pass philanthropy had been mainly Hymns, 37, 330, 652, 24. on the business of a publican. The you the mustard, as in Society. personal, and perhaps excessivoly ordinance of 1911 had been pass Ho asks you for the bread because 0. Later, it transpired that defen-od in which additional candi-

"WHAT AM I TO DO?" dant's father was employed in tions, which had not been set you are supposed to be under an Mossrs. Johnson, Stokes and Mas out in the original licenco, it is writton) if a man ask you enrich hospitals and soup-kitchens

About that time men began to ing Service at 11 a. ancient law of pity, by which (as ter's offico. Mr. Jackson urged had been imposed. His client the father's evidence was admis-under the licence and the vested for bread you will not give him and organized charities generally; right to carry on his business for stone. That is what a boggar so that when they said, "Do not

any clear power of return, except If a man refused a penny to a a whole year under certain con- is, he is a man who asks without (to do them justice), "Do give to is. Ho is a man who begs-that give to beggars," they also mean

hospitals, soup-kitohons, etc." in the legislature to impose other conditions unless it was provided fulfil your own ideals.

tho opportunity he offers you to that the ordinance was retrosper-

starving vagabond, at least there tivo and the ordinance of 1911

WHO IS A BEGGAR? --

was a box somewhere into which was not. Ho submitted that un-

Thus, a man drowning in mid- he could drop it safely. Is there der the existing licence à mau

ocean in a beggar: a man hailing a box now into which he can had every right to employ a wo

wildly from a desert island isa beg drop it safely? The answer is, man in the bar up to November gar; a total stranger cast up on an unfortunately, that there are very Theatre 31st next despite the ordinance alien const (as any of us who like 1911. It was an important right boggar. That is to say, any help yaohting might be any day) is a on the place, though sho jay not extended to them must rest solely bo a barmaid, to look after the on the fact that they have the Chinese, etc. Finally, if his client human form or the appearance of were to be proceeded against, it agony. It cannot possibly rest on must be under the ordinanco, un-any assumption that they will pay dor which the licence had been it back in service to the State. The man drowning in the sea

·

His Lordship-I'm afraid I

His Lordship-I don't know., cannot accept the father's state-ditions, and there was no power Ho may be 100. It's a question ment. whether you are propared to admit his ago?

Mr. Jackson dealt with the question of infancy. The Ordin- Mr. Harris-No, l'in not. ance provided that no person Defendant said he was omploy-should be precluded from suing ed in Messrs. Vieira and Company or being sued by reason of his and draw a salary of $35 a month. not having attained the age Ho lived with his father and paid of 21 years. That Ordinance him $25 a month for board. The applied to Summary Jurisdiction balanes of $10 went to pay for his in certain instancos en He signed the document at the His Lordship-How does it door of 11. Price and Company, affect procedure? Only $200 was Imanded to him. 1

Because in summary jurisdic- His Lordship—And you signed. tion the question of infancy comes $3807-Yos.

clothes. He was 10 years old, tirely a matter of procedurò,

Mr. Jackson-Wus the money handed direct to you? In your

hand? Yes.

Was Rosario prosent?-Yes. What did you do with the money handed it to Rosario.

In the plaintiff's prosenen?→→ YCH.

+

What was the first intimation you had of this loan?ltosario spaké, to man alimt it. He came to nie several timos and asked mo to stand guarantor to him.

nie.

in.

You mean he must have guardian and so on ?-Yos.

a

of

that a man should have a women

few.

p.ni.

Gorman Chapel, 11 a.m., Ger- nan Service, Pastor J. Mullor.

To-day's Advertisements

Royal.

RETURN VISIT FOR

honest beggars there are honest Of courso, just as there are

entities, of course, there are settlements that have genuinely Two NIGHTS ONLY settled, as there are tramps that have genuinely trampod. But we are talking about confidence as in Consols or the Derby HENRY DALLAS favourite. And the plain fact,

1 Simply a matter of procedurs? Branted, and not under one pass-might be Jack the Ripper. The is that some modern men have as

-Yes.

In conclusion, Mr. Jackson sul- milled that tho mere sintcinont of the defendant was sufficient for the purposes of that case.

His Lordship (to Mr. Harris) Mr. Jackson is prepared to rest his case there.

Mr. Harris in roply said that the point had already been decid- Uis Lordship Did you notice ed by the Full Court. The object the wording of the document of the Ordinance was quito clear, "We promise to pay on demand it applied to cases where there jointly and severally "Yes, I were trilling amounts not exceed wrote it out. Rosario dictated to ing the sum of $1,000. Ilis friend was trying to stultify the Was this the first time you Ordinance. The Ordinance stated signed a promissory noto-I that "No person shall be preclud can't romenilor. I think I sign-od from suing or boing sued by reason of his not having attained His Lordship-You say this was the age of 21 years," etc. His not your firal experience. When friend conteudod that those per- did yon siga a promissory note sons could be exempted. before?—In September for $100, His Lordship reserved his de-

fins that been paid off 2-Yes. Mr. Haris--Was the $100. handed to you ?—I received $20. His LordshipWas $100 ac tually paid 7-There were four of us and we each got $20.

ed once before.

You borrowed ƒ80 ?—Yòs.~.

Mr. Harris-Then if that is so, why did you sign for $380 when you received $200 only in this casone you say 7-Tint's the usual practice.

ecision.

The Weather Forecast.

ed since,

Mr. Hallifax adjourned the caso till this morning, whon ho

lis decision. gave

man

man failing from the desort island much difficulty in believing in might be Poter the Painter. As organized charity as they have in for the man wreaked from the believing in their own personal yacht-well, really, if you think charity. Why should a of some of the people who go abont sand five shillings to the scorot- is quite good, Mr. Harris. I mushin yaclits, you will feel that Jack ary of a society, instead of giving it to a navvy asking for a bed? He lins soon the uavvy. He has never seen the Secretary.

He said:"I think the point discharge the defoudant."

THE CUNNING CHINEE.

"

or

and his Company

THE FOLLIES.”

FRIDAY and SATURDAY, May 12th and 18th,

Plans Now Opon al

MOUTRIE'S.

Some schemes of organized charity declare that every other Business Manager : ·

schome does more harm than

Harry A. Dooley.

[1110

FOR SHANGHAI and JAPAN,

the Ripper and Peter the Painter are pillars of the commonwealth in coinparison. Briefly, any per- son in any position, is a beggar Mr. Frank Parnell; the chair-who has nothing but thanks to man of the National Park Trustoes, give for a sorvico.. has brought under the notice of It is unnecessary to say what good. There are stupid organi- the Custorus authorities evidence we do to such people when they zers as well as stupid almsgivers. Hongkong, Oth May, 1911. of what is evidentlyn vory cunning are poor-that is, when we are

I therefore ask the magistrate dodge of the Chinese to import practically sure that they will quite simply, "What am I to do?" epiam to this State, anys the never have anything to give but Before I go to prison for the many tho thanks. We jail them like occasions upon which I have given thiovos. To anyone who really money in the street, let him toll respects our modern law (if there me where I ought to have given is anyone who respects it), the the money. I shall continue to phrase in the New Testament keep my money for anyone I meet must sound strangely and even who looks as if he required it. weirdly optimistio. The sacred G. K. Chesterton. toxt takes for granted that a com mon man, if asked for bread, will not give a stone. But when a man asks us for brand, we pelt him with stones. Nay, we do

Sydney Evening Nows.' One of the park rangers was walking on an ocean beach within the boundaries of the reserve, when he came upon what looked like a ping pong. He pioked it up, and finding that it was made of white wax, placed it in his pocket.

Closer examination was made when he reached home, with the result that the wax ball was found

MONEY IN THE COLONY.

Returns of the average amount

On the 6th at 11.55 a.-The to have two small sots of Chinese more than pelt him, we surround of bank notes in circulation and of

baromoter has risen in E. Japan, the depression havingmoved away

over the Pacific.

Frossure is giving way over N. China owing to na depression which appears to be moving Enstwordsover Manchuris.

What you say now doesn't quite agree with what you said a few momenis befuro. You ought to have signed for $155 at that rato.-I took $100 and signed for over the Yangtzo valley.. $150:

Moderate E. winds many bo ex Then what you said about berpected over the N. part of the rowing $80 and signing for $100 China Sca. is all wrong?-Wo cach got $22 And 'comothing,

Hongkong rainfall for the 24 hours ending at 10 a.m., to-day,' 0.00 inches.

Why not speak the truth straightaway and say you borrow od $80 and signed $100?-Igot 120, - Ho gave us $90.. Oh, now it is $901

THE P. & O. 8. N. Co.'s Steamship

"PESHAWUE,"

the

Capt. E. W. Bruce, will leave for SHANGHAI TO-MORROW, 7th May, at 6 am.

For Freight, apply to

E. A. HEWETT,

Seperintendent Hongkong, 6th May, 1911.

Department, by Order of His Excel loney the Governor, of One Lot of CROWN LAND adjoining Garden - Lot No. 2, Carollae Hill Boad, in the Colony of Hongkong, for a term of 75- Je, commencing from 1st January,

1800.

PARTICULARS OF THE LOT,

„Boundary -

Registry No.

Na of Sale.

W

ft. f f. ft.

260 | 173,155′0′′ 10

Hongkong, 8th May, 1911. [1111.

PARTICULARS and CONDI-

TIONS of the Lotting by Public Auction Sale, to be held on MON- {PAY, the 15th day of May, 1911, at: 10 p.m., at the Offices of the Pablia Works Department, by Order of His Excellency the Governor, of Ono Lot of Crown Land at Bonhafs Road, in the Colony of Hongkong, for a form of 76 years, commencing from 5th April, 1904, with the option of renewal at a Crown Rant to be fixed by the Sur- veyor of His Majesty the King, I

for

one further term of 75 years, PARTICULARS OF THE LOT.

| No. of Sale*

Inland Lyon Ma, x15m | Registry No.

Adjoining Inland

Boundary Mezmurements,

the

IL

Flo

[138,6"] 175 * 4#.6") 48.

[4] Hongkong, 6th May, 1911.

specie in reserve, in Hongkong, DRAUGHT

during the month ended April, 1911, as certified by the managers of the respective Banks:-

Banks,

Chartered

Indis, Australia

Average Specie Amount. in Reserve.

$

&China,.. 5,024,330 4,000,000 Hongkong & Shang- Bank- ing Cor- poration, 13,402,750 0,000,000 National Bank of China,

characters neatly upon it, one in him with stones; we brick him in red and one in gold. There was and bury him with stones, a soam, or joint; around the When next you or I pass one sphere, and it was found that it of our great modern prisons, lot could be separated at this point, us lift up our eyes to those polish- into two halves.

ed; flat, interminable walls. Let ball of opium, gilded, so as to ap- the cold weight of those serried Inside was a perfectly round us admit the calm onormity and

Bank of The area of pressure remaine pear like a toy marble. This and comented rooks. And then marble weighed sufficient to re- lot us remember that many mon presont about a guinea in value, must be sealed inside thom at the present price of the simply because they asked drug. The wax shell con- for food. It has been the taining it was loss than an horrible folicity of some Scriptural eighth of an inch in thickness, prophecy. They asked for bread; and through it at one point was a and they received these stones. small stick, the object.of which So far all is simple. A beggar is was to provent the ball from any man who asks in the name of rattling about, and so breaking charity, like a drowning man, or a the wax sholl.

man on a desert island. But the Apparently the Chinese throw first man may be a drowning Limited,.. these "egge

overboard from Duke; the second may own many passing steamers, and others of other islands, by no means desert. their countrymen, by pre-arrange- In big civilizations, however, ment, pick them up after the crowded and full of familiar vossel has passed, as they float in custom, we come to know preity the ocean. A certain number quickly when a man is really poor, would doubtless be lost, but the when he will probably never be profite upon smuggled opium are able to repay up except with ed enormous that even if a great gratitude. Then, we put him in hearing the evidence the Magis proportion of the eggs wore lost jall That is all quite simple, if trate imposed a fine of $25 on there would still be considerable scarcely with Christian ampli- the first defendant, but discharged gain on the transaction,

city. But what is far from simple the second.

Forecast District. 1.-Hongkong and Noighbour- hood, E. winds, moderate; misty; probably some raia.

At this point, defendant scomod hewildered and confused and let oft a string of incoherent statements. "How long have you boon in your present employ?-Two years. winds, moderato.

On whint salary did you start?-- $20.

When you signed the promis sory note, did plaintiff ask you what your salary was? No,

You signed first and then Ro-

2. Formosa Channel, NE

3-South coast of China be tween Hongkong and Lamocks, same as No. 1.

4-Sontli donat of China bu tween Hongkong. and Hainan, same he bio,

14

Total,

24,816 Nil.

....19,141,904 13,000,000

Two men ware charged this morning with street gambling in Connaught Road Weat. After

[1112

ALE & STOUT,

in Jars of from 1 to 5 gallons and

syphons of from 1 to 6 gallons.

H. PRICE & CO., LTD.

12, Cueen's Road Central,

HONGKONG

Hogl ny, 29th April, 1911.

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