1912-12-16 — Page 5

امعة

One Man, discharged and one Detained.

The Attorney General said that THE POKFULUM MURDER. there were a great many cases in ]." which that very point had been brought up, as to whether the bourt ought to: grant a writ of habeas corpus, not on the merits, but when a person has been tried and found guilty. If they were of the opinion that they ought not to issue even a rule niai, why in that case the subsequent argu- mant would not matter at all. ":-

The Chief Justice-We pro- pose to deal with the whole ques- tion now.

· A - Preliminary Point, The Attorney General:---This is a preliminary point as to whe ther you ought to consider the question, whether the right of habens.corpus ought to be issued or not The question is whether you ought to go into the question at all.

that

THE HONGKONG TELEGRAPH, MONDAY, DECEMBER 16, 1912,"

BOXING

CORDELL DEFEATS A" COUPLE OF MEN.

The two Chinese named Mo Referee's Error in Judgment. Hang and Mo Kwai, who were originally charged with murder- The Skating Rink was well fil- ing ex Jemadar Gulab, an em-led on Saturday evening, when ployee of the Dairy Farm Co. Hughie Macintosh put a good some weeks ago, were again programme of boxing before the charged before Mr. Hazeland, at patrons of the sport in Hongkong, the Police Court, this morning. It woll worth the money

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assistant Crown Solicitor, pro- Gunner Yore and Sky Kerrison. secuted:

The former he put "paid" to in Defendants pleaded not guilty, one minute and ten seconds with-

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Mr. Hodgson I wish to without receiving a "solitary," and Which has proved a great success in cigarette You succeed in business in direct proportion as you draw the charge, against the Sky Kerrison he played with un- lefendant Mo Hang. Will your til the fifth round when he got to Worship fix a date for the hearing work and did the needful. of the once against Mo Kwai? Whatever inspired the referee

His Worship-How long will to return the verdict of a draw in it tako; two afternoons ?-1 think the Wilkes-Waterman fight| The Chief Justice remarked lie it will take about two afternoons, one cannot say, Wilkes was had asked where there was a your Worship,

the superior man in every round It will come after the robbery but the fifth when Waterman got thority, and what authorily, it War, to show

those that I have given up to the in some smashing right punches court. could considor the 3rd of January.—I want to get it after Wilkes had been on the question of an habeas corpus in for the January Sessions.

boards for six seconds. But how when there had been a conviction Thore will have to be two was he put to the boards? Had by a jury, and when the legal remande; I will remand it until Commander Bockwith, been the points raised by counsel for the the 23rd. Mo Hung is discharged referee, one would have soon the defence had been gone into and and Mo Kwai remanded.

contest stopped by the verdict décided by the Full Court.

BLUEJACKET'S FATAL being given in favour of Wilkes. Waterman sent him to the boards with an unfair left, Wilkes has forgotten more of box- ing than Waterman is ever likely to know. The lattor might have

The Attorney General:I say you should not issue a rule nisi. We should never go into the argument.

A Protest.

FALL.

An American bluejucket named Samuel Laurio belonging to the

Mr. Jonkin-I am not quite U. S. S. Wilmington, accompani-a punch in his right, but there was conversant with the practice hero.ed by three others, spent last not thing much doing in that line

street. Ho

was

I should I ku to protest against night at the Victoria Boarding on Saturday. the Attorney General being heard. House and somehow fell over in what i always an, es parte into the application for the issue of an habeas corpus writ

The Puisne Judge: Is there Buy reason to show why in an ex parle application, the court may not call upon the Crown to be! represented.

Mr. Jenkin :-I don't know, J gu sure; I suppose the court has inherent power to do what it pleases in these matters.

"Two Fallacies.!! Replying to the argument of Mr. Jonkin, the Attorney General said he thought his friond throughout bad made two falla cies in his argument, He had endeavoured to made a 'distinction between a. writ of habeas corpus at common law, and writs of habeas corpus, un- der the statute. For purpose of

picked up at six o'clock this morning, in an unconscious con lition and was removed to the hospital where. bo died fifty

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The two Chinese found in pas- session of arms and ammunition in Wanchai, were again brought before Mr. C. D. Melbourne, at the Police Court, this afternoon. Mr, C. F. Mason, of Messrs. Wilkinson

The audience received the de- cesion badly and there was some justification for this, so obviously faulty was the verdict. Finally and Grist defended. a collection was made for Wilkes

2

Sergeant Ogg spoke to visitiug house in Stone Nallah Lane on

To-day's Advertisements

MOGUL LINE OF STEAMERS.

NOTICE TO CONSIGNEES,

8.S. "LOVAT.”

From MIDDLESBOROUGH, GLASGOW, LIVERPOOL

AND STRAITS.

by informed that all Goods are

and $41.40 subsoribed. Waterman the 3th inst. When he went to challenged Wilkes for a side stake of any amount (cries of "who is the door someone looked through going to referee"?) Wilkes saida peep hole. There was a lot of he was willing to accept Water-ranning about inside. The de man's challenge "on condition I tectives along with him called Waterman upon the immates to open the get a fairer referee." showed further weakness when he door several times but they would CONSIGNEES. of Cargo are hore oxclaimed he would" box Wilkes, not. Eventually the door was being landed at their risk into the Where'er thine eyes, sa pag-not run him a foot race." Thus forced open. The first defendant Godawns of the Holt's Wharf at Kow

ran into the cook house and tried loom, whence pnd/or from the wharves did he indicate the superior ring- craft of Wilkes, and practically to get down a spout. The delivery may be obtained.

Optional Corge will be forwarded second defendant had the automa- plead guilty to defeat.

In the Bur-Dean bout, Baxtic revolver (produced) in his unless notice notice to the contrary be was given all he could do to win. defendant on the verandah. Goods have left the Godowns, and all

hand. Witness oaught this given before. Bux is certainly quicker than Witness also sent two detectives Goods remaining undelivered after the Dean at the moment, but the day

sies flecked with dew, Have turned their gaze Thore, in thy praise, Flowers newborn their richest fragrance strew

C. F. M.

A PECULIAR CASE,

his argument, there was no such Sequel to a Police Court Decision

difference at all, and he was quile

No claims will be admitted after the

is not very far distant when be downstairs to catch the first 21st Dec, will be subject to rent.

All claims against the Steamer will take defeat at Dean's hands defendant. The latter was cap

was then searched and underneath on or before the 14th Jan., or they will

if the latter can only get a good tured by O. C. 163. The house must be presented to the Undersigned

Doc., at 11 am,

prepared to accept whatever dis- This morning their Lordships, coach. Bax was nearly out once, a bed at the back of some firewood not be recognized, tinction there migh; be in his the Chief Justice Mr. W: Rees and had Dean been a little quicker there were three loaded revolvers. All broken, chafod, and damaged friend's favour, Tho second point Davies K.C., and the Paisne the result would have been in hia was that he had not appreciated Judge, Mr. H. H. J. Gompertz, favour. Bax is far from a clean. His Worship on examining one Goods are to be left in the Glodowat the very marked distinction which sitting in Appellate Jurisdiction fighter and hugged whenever he the revolvers said that, accord-bere they will be examined on the 20th in fact existed between the posi-heard an application in the case got the opportunity. Kid Marriott ng to some Chinese characters on bility of granting a writ on com-of Rex. by Mr. R. O. Hutchison was well beaten by Smith, and t, it belonged to a policemen in Worthington trounced Williams, Canton; his number, 272, was on

by mitment and after conviction. Wong Hong.

The boxing was good on the

Witness continuing, said that boxer we have seen in Colony

The general result of the whole Mr. Eldon Potter instructed by

it.

42

*No Fire Insurance has been effugled. Bill of Lading will be countersigned

DODWELL & CO., LTD::

Agents,

thing came to this, that a court Mr. Reader Harris of Messrs.whole, and Wilkes is the pretues the two formidable knives pro- Hongkong, 16th, Dec., 1912. [985

for some considerable time.),

Marriott v. Smith.

Kid Marriott ex-feather Weight Champion 120lbs. met Pie Smith D.C.L.I. 1181be. in an eight round

contest.

the firewood. He also found some tools likely to be used for bur glarious purposes.

The case was proceeding as we weat to press.

corpus when the person, who was support of the application which brought up was under sentence, was made ex parte. the court could not grant Mr. Potter said in that CARS 1 a writ of habeas corpus in circum-ppeared for the applicant, to ask stances such as that and if they their Lordships, as they would see could, ought not to grant it. on the notice of motion, for an First Round: Both men ex- The Chief Justice said that ter calling upon Mr. C. D. Mel-changed evenly after the shake. Mr. Jenkin had conducted the bourne, and Mr R. O. Hutchison to Marriott then landed a left and case with remarkable abili-show cause why a certain plea of ty. He thought under the guilty entered in certain proceed-right. Smith covered his jaw circumstances they would have ings should not be expunged, and closely and shook Marriott with

a fierce left jab. Jess hesitation in refusing to alternatively that Mr. Melbourne Second and Third round::. Wednesday, Deo. 18.

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grant the rule. With regard to should rohear the case.

Marriott bad the better of these Confirmation Service, the question of leave to appeal, The applicant, Wong Hong, was he thought all they had to do charged under the opium ordin-rounds and got in a smashing John's Cathedral, 5.30 p.m. was to give leave to appeal and express the opinion that was a case of public importance.

ance; a plea of guilty was enter od and he was convicted and fined.

The Chief Justice:-For what?

The Attorney-Genoral having quoted several authorities on the Mr Potter-An offence under question of leave to appeal, his the opium Ordinance. Lordship remarked that he could The Pulsne Judge Export

sentence the prisoner and arresting opinm? the sentence..

right hook to the jaw that caused Smith some trouble. Marriott's left was also very useful.

Fourth Round: Marriott slip, Ped, spread-eagled his legs and kept down for eight seconds. From a right hook he went down for nine, and from an other, similar hook went down

Mr PotterYos; it is a Mr. Jenkin: When you call peculiar case. I don't think there again but the gong saved him. upon the prisonar, I shall move has been one on all fours with it fresh again and after scoring with Fifth Round: Marriott fought for the arrest of judgment. in the Colony.

The Chief Justice; I am not Continuing, Mr Potter said that his left got in another right awing. Marriott was again can-

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The above-named Steamer having arrived, Consignees of Cargo are hereby notified to send in their Bills of Lading for countersignature, and to take im mediate delivery of cargo from along- vide

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Cargo remaining undelivered on WEDNESDAY, 18th Nov, at 5 ... will be landed at Consignees' risk and ne- pense and delivery must then be taken from Company's Godown.

No Fire Insurance whatever will be

PEMBROKESHIRE," having anived from the above ports, effected going to start another aguments, at the time of the proceedings, tioned for running in with head informed that all goods are being lended the Goods have left the Steamer or Conalgrocs of airgo by her are bereby No Claims will be recognised after On the resumption aftor tiffin," the man was not represented, but down.

at their risk into the hazardous and/or down, and all Goods remaining Mr. Jenkin said that he was ap- he had eines instructed hissolicitor

Sixfa Round Smith led ole- bazardons Godowns of the Hong-andelivered on MONDAY, the 23rd parently entitled, between the that he did not plead guilty but, verly with the left, putting Mar- kang and Elon Wharf and Godown inst., afternoon, will be subject to rent verdict and sentence, to move for on the question being put whet-

Company, Limited, whence, and/or and landing charges. arrest of judgment. He was en- her he was exporting opium, he riott to the boards for eight.

Seventh and Eighth Rounds: from the wharves, delivery may be ob titled to do so where the court had replied: Yes, I was taking it to Marriott in the seventh round seem-tained. Cargo to be left on board or Godown All citsfed and otherwise damaged no jurisdiction, where the facts Yaumati." The interpreter inter- pleaded disclosed no in lictable preted that as a plea of guilty ed to make up some, leeway with Goods not cleared by the 28rd Dic, and examination of name to be held on

23rd inst., millega pere offence, where material allegation and he was fined. Subsequently his left and commenced straight at B... will be subject, lo runt.** or necessary averment was omit an application was made to Mr right punching with effect. In the All broken, chafed, and damaged All claims must be filed on or before

will be examined on recognised. ted, where there was no certainty Melbourne for a rehearing; this eighth round Marriott went down packages are to be left in the Godowns 84th inst, otherwise they will not be

for four to a right. Later where they

8. MORIMOTO, of the offence oliarged, and was refused, leave to appeal bo-mith slipped from Marriott 28rd inst,, at 2.30 am. Olaines against|| where the charge was not laid ing granted. Leave appeal would right swing and, bringing in his 10 days of arrival, otherwise they will Bangkong, 18th Dec, 1919.

the steamer must be prosented within

Agent. positively.

be useless: there was nothing to left. pat Marriot down for fivo, at by recognized. appeal against.

|the round ending before he was No Fire Inrurats will be effected by The application was granted. counted out. Smith, got the us in any case whatores,

Outward Boundesge Among the passengers expected on the face of it was wrong. He from London by the 8.6. Mishima held there was nothing wrong Maru are Mr and Mrs O. E. H with the indictment, and that Bauvis, Mr. J. Finlay Miller and was all is friend could deal with. Dr. P. H. Holyoak

The Attorney General said his friend had no right to go into the question of jurisdiction. He had to show that the indictment

"

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Bills of Lading will be countersigned

Williams v. Worthington. by Frank Williams of Manila 145 aton

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