1912-11-25 — Page 5

SHAMEEN MURDER TRIAL.

Final Stage Entered Upon To-day,

The final stage in the trial of

THE HONGKONG TELEGRAPH, MONDAY, NOVEMBER 25, 1912.

the treaty is proved, is ultra BOYCOTT OF THE TRAMS. vires?

1

Mr. Jenkin-I don't say the CARS HELD UP AND POLICH. the whole is ultra vires.'

Continuing, Mr. Jenkin said the court, e oficio, must know whether or not, a new government, as at present existed in the do

ASSAULTED..

Three Chinese Brought before the Magistrates.

On Sunday the sepoy Ibrahim, who on Fri-minion of China, has been recog

evening about day was found guilty of the nised by His Majesty's government six thirty, the neighbourhood of murder of Sabadar Ali Shafa, at at home. The court must know, Sai Wan Ho was thrown into a Canton on Sept. 4, commenced from the terms of the Order-in-state of excitement when some this morning before the Full Council, that there was a treaty by two thousand Chinese who take His Majesty the King in Connoil xception to the new regulation Court, comprised of the Chief and the Emperor of China, and adopted by the tramway, exclud- Justice, Mr. W. Rees Davies, K. C., the court would take judicial ing the tender of Chinese coin in and the Paisne Judgo, Mr. II. H. notice of the fact that there had payment of fares-held up the J. Gompertz, who had to arrive teen civil war in China and that care, threw stones at them, and one instance assaulted, the an independent government had in at a decision as to whether the been set up, and they would know police, a Chinese detective being Criminal Court had jurisdiction whether or not His Majesty's bitten on the thumb and European It will be remembered that prior overument at home had recog-constable MoWalters being badly

pised the new government set up bitten on the right forearm. to opening the defence on Friday. Mr. Jenkin, who appeared for the prisoner, raised the point, and it was reserved for argument before the Full Court to-day. :-

in the case.

The Attorney General, the Hon. Mr. J. A. S., Buckaill, appea:ed for the Crown, instructed by the Crown Solicitor, Mr. J. H. Kemp; and Mr. F. C. Jonkin, instructed by Mr. R. A. Harding, was for the prisoner.

Point Reserved.

Mr. Jonkin said this was

hearing of a point reserved by the

in China..

are

His Lordship: There plenty of authorities that a con- stitutional change does not affect

Treaty.

Mr. Jenkin :-It is true that a constitutional change does not affect song, but there are some treaties which a constitutional change does affect. A treaty for the purpose of supporting a dy nasty of China would, spao facto, come to an end with a change in government. Until the treaty is

to an cnd.

As the trams were proceeding along the road they were stoned and windows were smashed. Police Inspector Gourlay when acquainted of the trouble set out with a batch of men and to some considerable degree restored order. The Inspector was struck on the left shoulder with a brick and he was very lucky to escape with but a slightly bruised shoulder. The Chinese detective 924 wsa bitten on the thumb whilst ar resting a man who was inciting. the crowd to attack the police as

learned Chief Justice on the re-put before the court, this court well as the cars. The European cannot say whether or not the constable MeWalters was bitten treaty has come

has been suspended. They the same man when he went to the assistance of the Chinese treaty must come before the

officer. court in order that it can see the nature of the treaty.

éd

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LF

FRIDAY and SATURDAY

the 29th and 30th November, 1912,

commencing each day at 2.80 p.m. at bis Bales Rooms, Daddell Street,

quisition of counsel defending Ibrahim, as to whether the learn Attorney General had sufficiently proved that the court had jurisdiction over this man, for committing an offence in Canton,

His third abmission was that out "Tai Cha" (boycott) and in

The people commenced to cry THE Undersigned will sell by Public Auction da in the Empire of China. For the if their Lordships thought that response to the cries from the purpose of proving the court had

the preamble w a sufficient

man who bit the police commen. jurisdiction, the Attorney General

proof not only of the ced to throw stones at the officers. preferred to rely upon the China and Korea Order-in-Council 1904, existence of a treaty but of a Had it not been for the timely and referred to section 3 which treaty which gave His Majesty arrival of Inspector Gourlay and jurisdiction over a foreigner, the a police sergeant, there was no defined a British subject, and recital of the preamble in "an doubt that the two officers trying section 50, which said in what way Order-in-Council was no evidence to effect the arrest would have the British subject accused of an offence might be tried before against un Afghan. An Act will been very roughly handled by His Majesty's Court in this not bind anyone who is not within the crowd, who were rapidly

the enacting part. Colony. Further than that the

getting out of control. The crowd VERY The Attorney General did not afterwards moved from Sni Attorney General had not

know whether their Lordhips Wan Ho to Quarry Bay an 1 there gone, and he had said that wished to hear him, for it seemes they attacked more cars, breaking GOLD ho considered there was no to him that the point was quite a window of one of them. necessity to prove a treaty, birt proposterous for several reasons.

car,

trams

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PLACQUES, BRASS and BRONZE VASES and INCENSE BORNERS, etc COLOURED PRINTS by famous artists, OLD LACQUERED

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8. KOMAI, comprising:

DAIRY FARM NEWS.

DAIRY FED PORK

Charles Lamb in his dissertation on the PIG, Was

the first to tell us how the Chinese love. their pig-dead and roasted; but it is not för us! We know that pig, and SOME of the things he is fed on-—but not all I

Ah; but this is DAIRY FARM PIG, a dainty little fellow, fed on the fat of the land, DAIRY FARM MILK and all the good things in pigdom.

"ነ

Is there any difference in Pork? Well, for good- ness sake, where do you live? Buy it, try it, eat it, then you will KNOW. Cooked to a turn-the Chinese know how-and the

crackling"-UM,

Don't wait for Christmas, you may be dead before

that-and so may the pig! October 18, 1912.

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な

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Just Received:.

SMYRNA FIGS, ELVAS PLUMS,

BRAZIL, ALMOND & FILBERT NUTS

that the mere fact that the Chinen the first place, he drew no dist-and exhibiting a picture of B

Notices written in ordinary ink, OLD and Korea Order-in-Council re-motion between the law as deriv-tram cognised that is Majesty the from His Majesty in Privy officials of the police force and and caricaturing the King had, by treaty, jurisdic Council and the law derived from the tramway, had been posted in diction within the dominions of of China was sufficient proof for the Imperial Prliament. It seem- different places along the route the court that the court had jurist was necessary in a case in which but were very soon taken down

edto be his friend's argument that from Shan-ki-wan to West Point, JEWEL and CIGARETTE BOXES, PIOTURES, CARD TRAYS. MUSCATELS, CARLSBAD PLUMS

PHOTO FRAME, VASES, CIGAR and CIGARETTE CABES, diction to try the offence. His

WATCH FO88, BELTS, TOILET SETS, BROOHCES, the jurisdiction wasexpressely con- by the authorities. There notices submission was that the Attorney ferred by His Majesty's Order called upon the Chinese of the N.B-With the exception of a few pieces the above will be sold

LOOKETS, CUFF LINKS, et); eta, General was wrong: that the Foreign Jurisdiction Act and the in-Council for his Lordship to go Colony to boycott the Chand Koren Order in-Coun- behind the Order, and not on any antil such time as it was decided oil were merely regulative. They question raised by the defence, to return to the old system of merely regulated the exercise of and hold that the prosecution accepting Chinese money.

inust itself go behind the Order- A representative of the "Tele- jurisdiction which had been ac

forward in-Council and put quired by His Majesty the King grounds apon which it is con- ing, that certain steam launch Hongkong, 25th November, 1912.

graph was informed this morn- under some other authority, ceivable that the, very validity of whether by treaty or suffrance, the Ordor-in-Council might be by running launches at advunta- owners are assisting the boycott and that the Court: particularly impugned. To attempt to carry geous rates and accepting Chin ese money from distant parts of

in Criminal Jurisdiction, musi

A Question of Jurisdiction.

such a fallacious argument to

Posting Boycott Notices. At the Police Court, this bourne a man was charged with morning, before Mr. O. D. Mel-

DANN WITHOUT RESERVE

Un view from Thursday the 28th November, 1913 Catalogues on applications, (now zeidy).

Terms: Cash on delivarg.

Charged with Biting. The second than was charged THEATRE. with biting Chinese officer on the thumb, and biting P. O. Walters on the arm whilst being taken to the station.

P.C. Mo. Watters said that оп Sunday evening about Mr. Davideon, of Messrs 6.33. "he was on duty at

bo Batisfied beyond doubt that its logical conclusion they might the tramway route. it had jurisdiction to try a contend that after putting in the "offonce committed by a man treaty one might be compelled to

who

fucionā "was prima

prove the credentials of the foreigner, beyond the dominions plenipotentiaries who negotiated of His Majesty the King.

the treaty and go even, further! than that and prove that the posting notices. The Puians Judge Is not, the nobleman, who, on behalf of the Shameen part of the dominions of British Government, negotiated the King?

the deed was really the nobleman Mr. Jenkin believe it is not be professed to be and not some- British concession.

body olue. The Order-in-Council The Puiano Judge:-Are not was law of which his Lordship leases granted as from the Crown? would take notice when proved charge sheet ?

Mr. Jonkin I cannot say. and in itself it conferred juris- The charge sheet was not forth-struggling he went to the "conet- The Attorney GeneralThe diction by virtue of a variety of coming, and his Worship told able a Acting Consul-General said the methods. The jurisdiction con- Mr. Davidson that he would give threw himself on the ground, jurisdiction over the Shameen ferred by the Order-in-Connoil

and commenced to kick and

GEO, P. LAMMERT,

Auctioneer.

.

[188

ROYAL

AN IDEAL

Hastings and Hastings: appear Sai Wan Ho and he saw a big HUSBAND for the defendant. I have it with crowd standing close up to a tram

publishing a circular."

car going west. A great shout Inspector Fenton :-With post-went up as the tram came forward. ing notices.

He did not hear prisoner shout, His Worship:-Give me the but he saw the last witness arrest him. When he saw the prisoner

assistance. Prisoner

was just the same as it was over depended upon the treaty. But him a remand..

Defendant whe thereupon bite. He bit witness on the on

all other parts of China.

torially?

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December 17th, 19th and 21st, on what treaty? So far as he formally remanded until Thors right forearm He also called

at 9.00p.m. -17 HisLordship:- Extraterri knew there may be half a dozen day, bail in $50 being allowed. out to the crowd and they

treaties. Speaking without any

Under the distinguished Two Chinese were also brought commenced to throw stones. He The Attorney-General: ie proof, speaking at large, there before Mr. Hazeland, both charged struggled for about fifteen minutes

Patronage of exercised in just the same way as were half a dozen treaties, he be- with behaving in a disorderly and when Inspector Gourlay and over the rest of Chine,

lieved-be didnot know-between

His Excellency the Governor The Chief Justice-Just the His Majesty and China and it manner, and in one instance there a sergeant came they drove back

was a further charge of assaulting the crowd and prisoner went in aid of the following Charities 8ame as at Shanghai ?..

might be that under some or

the police,

quielly to the station. * The Painne Judge:-Shaugliaiothora of those, His Majesty had

The Diocesan Girls' School European Constable 14 said His Worship There are no is an international Bottlement. In thought fit to make an Order in there was a big crowd of people doubt plenty of poople in this The Byre Refuge the Shameer, has the British Council, but it would be an se at Sai Wan Ho. A car came from Court who were in this disorderly Consul jurisdiction over the tonishing proposition that the natives? I believe he has, but he Crown would have to come for Hongkong to Shaukiwan, There crowd yesterday, and it has got The Blind Home (Blindenheim)

were no passengers in it and it to be stopped. They must be The St. Lowls Orphanage has not in Shanghai.

ward and bolster up His Majesty's

was allowed to pass.

have properly in this Colony, and The Attorney General:-He

own act in Council on grounds said it was precisely the same as going behind the Order to justify

if any man is charged before me Booking opens at Mosari. Moutro & - Tai Cha.” in China.

these preceedings being brought One came from Shaukiwan he will be severely punished for Continuing, Mr. Jenkin saida under this Order.

containing European passengers, any disorderly conduct of this general allegation, fortified

The Attorney-General then The first prisoner, along with the nature. The first man (A Hakks) merely by a recital of an Order spent some time showing that the others, shouted as the car passed. I order to pay $25, or is de- in-Council, was not sufficient

prisoner was one who enjoyed His They shouted "Tai Cha" (boycott). fault one month with hard proof to warrant, the court exer Majesty's protection and that the They commenced to throw stones labour; and the other man to pay Gising jurisdiction in such a case, court had jurisdiction. He urged The prisoner came quietly. The $25, or in default one month for The Chief Justice--Do you that the prisoner was subject to police came up but the crowd did the disorderly conduct, and for draw any distinction between Kadias military law and if that not diaperse; they followed the the assault on the constable be the position of this court and the were so he was under the protec police to the station. Two men goes to gaol for one month with

hard labour, without the option Lost or Stolen one spa

itch. Answera the name position of the court in Shanghai? tion of His Majesty at any rate were arrested

The sentences to be and white Do you contend there is any His Majesty could exercise an Defendant-I was going for of a flue.

neces!ary!

D. Selos, 8, Grayli distinction between the two adverse influence over him rice, I had ten cents in my hand, concurrent. Don't let there be

any more of this disorderly con Avent, Kowloom. courts? You say the Order-in- Their Lordship reserved deol and I was arrested. I did

duot Connoil, as a matter of faot unless Paton:

shout out "Tai Cha

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Hongkong 15th November 1912.

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