1913-12-08 — Page 5

THE SOTTO CASE.

THE HONGKONG TELEGRAPH, MONDAY, DECEMBER 8, 1913.

LAWN BOWLS.

Closing Day at Kowloon,

Journal it was even plainer: "Un- doubtedly in that case it was not intended under the Statute to Mr. Slade on interesting Points.again obarga tho man with that fence." The Chief Justice Sir William Reos Davies, the decided on the merits there The "closing day of the Chief Justice, sitting in Origiast was.

no evidence to commit Kowloon Bowling Green Club, Jurisdiction, at the Supreme on a charge of murder, and on Saturday was a great success. Court, this morning resumed the undoubtedly in the case there The weather was very favourable case in which Vicento S.tto, a should not be a second attempt to nad brought out a good number jurnalist, claimed from Thonins charge the man with the offence. of ladies and gentlemen. At the Carey Weloli, Assist,ut Executive Tie Lordebip: You are relying close of the afternoon's sport the Secretary of the Pailippine on the words A second time."7 sprizes were presented to the Inlande, and John B Sawyer, | Mr Blade: The words "Un-winnere by Mrs G. K. Haxton. Vico Consul for U. 8. A., the doubtedly in that case it should Mr D. Harvey, in calling upon sum of $1,81L03, being the nut boa..second time. There- Mre Haxton, said the past season equivalent of £500, in which the fore he is un-toubtedly of opinion had been one of the most enjoy defendants are indebted to the that the statute applies. He able and successful in the history. plaintiff under the provisions of alan says that "the discharge of of the club. To Mr Guy belonged the Habeas Corpus Aot, 31 Car. the Magistrate is thoroughly the unique distinction of winning 11, Cap. 2, by reason of their effective." Mr Slade then the three premier prizes of the having procured or Caused ani that he would pase bowling section. Mr Gay bad the imprisonment of the on to the other print raised conceded the championship cap. plaintiff on a charge of abduction as compactly as he could. The to the runner up in a very sports- within the territory of the argument which was advano d by manlike manner, and had con- Philippine lalands, well knowing bis learned friends was elaborated tented himself with being the that the plaintiff bad been dis- by Mr. Potter, and that argument Club's champion for 1913 charged from custody under a came to this-that a Magistrate (applauco), writ of habeas corpus aued out dealing with an indictable fiance by him when in custody on the only holds a preliminary enquiry. Bine charge.

His Iordabip-What they call the merits?

7.

Mrs. Haxton presented the prizes as follows:-

Bowls Club Championship: 1 (takes 2nd prize a cup): L. Guy,

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WM.

(2) (takes Championship oup), J. EXHIBITION

Allen:

President's Prize: 1 (cup,) L. Guy, 2, M. Melver,

Vice-President's Prize: 1, L. Guy, 2, D.. Cooper.

Non-Prizewinner'e: 1, M. Mc- Ivor, 2, P. J. Taylor.

Croquet.-1, C. R. Edwards 2,

R. Hall.

Mr. M. W. Starle, K. O., is structed by Mr. Hind and Mr. Mr. Elide:-What they put Norrington, of Messrs Brutton under the leading of merits. Now and Hett, appeared for the plain- Putter's argument could bo tiff. The first defendant was fai ly summarised in this way. If represented by Mr. Eldon Potter he Magistrate only held s pre- and Mr. F. C. Jenkin, in-liminar inquiry, and, if he structed by Mr. Hastings, of discharged the prisoner for want Messrs Hastings and Hastings, of sufficient evidence, that leaves whilst the second defendant was it open to the prosecution "to represented by Mr. E. H. Sharp, eccmmence proceedings before KO., instructed by Mr. Render the same or any court as often Harris of Mesars Wilkinson and as they ked. Then further to Cooper, 2 W. Talip. Grist,

argue that the power and ju. | Mr Slade addressing the Courtiadiction of the Magistrate in said that on looking through bis Xtredition preceedings is the poles he found that he had omitt some as there of a Magistrale ed to refer to two points with dealing with a indictable offence, after discharge through want of regard to the question be waN asking on Friday, and they ap- sufficient evidence, and has no plied to this section of the Habeas power over subsequent proceed

ings to obtain extradition for the Corpus Act and extradition pro- ceedings flis friend bad referred same offence. That is the substance

Tennis-Gente' Singles 1, D.

FANCY GOODS,

TOYS,

Tennis-Gents Doubles: 1, D. SMOKER'S REQUISITES:

Cooper and T. Robertson.

Spoons for bowle competition were won by Messia. Heron, Oleman, J., Duncan, J. Grant, Johnston, Gerrard, Glendinning, Weare, Grimshaw, Ferguson, Hardwick and Shires."

Spoons for croquet were won by Mesars. G.R. Edwards and G.

10 a Canadian case and an Ameri- of the argument. According to L. Duncan.

Mr

NOW

OPEN

INSPECTION INVITED.

een cose; be referred to the Hare, agmont they could pro. M. Harroy on behalf of the KRUSE AND CO.

him one and when Club, presented Mrs Haxton

and a tiger,

100

***

Mr Béron Mr Coleman ... Mr. J. Duncap

sha case and then quoted the caso of Scalamanger and Stamp, on the was discharged have another shot a beautiful bouquet in silver points of the opinion of the Ameri- at him the next day by re- holder tied with the Club's don courts and the opinions of the arresting bin and so on and so colours and called for three cheers American juria's. That case had. But they had not brought

The bowls competition for been quoted to show his Lordakip any direct suthority to that effec the authority for the reception of pro luced any statement or text pos resat ted as follows:--

books or any cases directly laying Mr. Banjo... the Canadian and American re-that down as being the law.

Mr J. Grant ports. It was quoted at the very

The position he desired to Mr Goard... End of Mr Potter's argument, but the facts of that case had nothing adopt with regard to the prelimin Mr Alexander Mr J. Grant

.14 (8)... whatever to do with extradition. By proposition put forward by (8) The question they had to decide his learned friend was that it was Mr Johnston. Mr Milroy

doubtful; they could find any Mr Gerrard Mr Lambert authority against it and it seemed Mr Glendinning Mr Cameroon extremely doubtful. There was a Mr Wooro,.. Mr Russell, material difference between a mha- (S) 16 (8)..... 10

extradition case and when he Mr Smith...

... Mr Shires se sitting to try an indictable Mr Pilo

bed penal code in the Philip ffence. According to the estab-Mr Macdonald,... Mr. Ferguson...

(S) 12

in this case depanded almost en- tirely upon the construction put

the pointe

of

of

прод the Acta

Parliament passed long after the separ: ation of the United States from the United Kingdom-the Ex tradition Act was dated 1870 and the Summary Jurisdiction Act 1848.

i

His Lordship: That is long after the separation. +

*

16

To-day's Advertisements.

THEATRE ROYAL

BOXING:

SATURDAY, 13TH DECEMBER,

COMMENCING AT 9 P.M. SHARP.

IS ROUNDS. Heavyweight Contest,

Soeman, Mackerel, (H.M.S. Minotaur).

Gorpl. Sabtt, (RE) 10 ROUNDS. Middleweight Contest.

'8 ROUNDS. Lightweight Contest.

gistrate when he was sitting to try Mr Hamilton. Mr Grimshaw Seaman Stevens, *. Sky Karrison, Sapper Richards, v. Souman Taylor,

Mr Hardwick... (H.MS. Minotaur), (Hongkong),

100

(R.E.)

(H.M.S. Minotaur).

8 ROUNDS.

6 ROUNDS, Welterweight Contest

Welterweight Contest. (9)..... 15 signalman Wilkinson, v. Sapper Miles, Private Higgins, v. Bombardier McArdle, (Hongkong). (H.M.S. Minotaur),

(D.C.L.1).

(R.GA:).

·BOOKING AT - MOUTRIE'S.

pines, Mr. Slade went on, the age The tennis doubles handicap was limit for abductia was 24 between Mesara Wilkia and Craig person could be charged with and Messrs T. Robertson and D. Mr. Blade: Yes, my Lord, long of 24 Under the English law the two sets but were eventually abducting a girl up to the age Cooper. The former, won the first after the separation of the United

60 that beaten, the, scores being 3-6, 1-6, States from the United Kingdom.nge limit was 18,

while man might bave 6-1, 6-4, 63.

an American case-Caine's case

a

Then my Lord one of the cases heen perfectly rightly convicted quited by my learned friend was under the Philippine law of from 14, Federal Cases, dealing abducting a girl of three and with the question of Habcas twenty, it would be no offence Corpus. In that case is quoted to could not be extradited. The ander English law. and, therefore, this passage." But the conclusive- answor this objection is decision of the magistrale on two the proceeding on this writ points in extradition proceedings (habeas corpus) and the Fe-was absolutely final. If the deral Courts are not governed magistrate decided against the

to

To-day's Advertisement

by the laws and regulations of prisoner on these points the latter NIPPON TUSEN KAISHA. the States on the subject, bat by wae extradited, and, all other

the Common Law of England as things being equal, if he decided NOTICE TO· CONSIGNEES. it stood by the adoption of the with him he was not extradited. Constitution, subject to any such

His Lordebip:-Do you say that the High Court could not overrule

alterations as the Congress may the decision?

Aeo fit to prescribe." Now, my Mr. Slade:-That is by way of

Lord; we have not bad, the

1

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12 QUARTS DUTY PAID $56.00

24 PINTS DO $58.00,

VICTOR CLIQUOT

The above mentioned vessel having arrived consignees of cargo are hereby notified to send the in their bille of lading for coun- tersignature and take immediate delivery of cargo from the Com- pany's godown at West Point, All cargo will be landed im- books, or cases or statutes as to does is to review the decision of ports, Consignees of Car are mediately at consignees' risk and what the alterations in the Statute the magistrate on proper ground hereby informed that their Goods expense. Law of the United States or and give the decision that the are being landed and placed at Cargo undelivered by THURS- Office as Subsection 2 of Section PRICE PER CASE. Canada have made in the Habeas magistrate ought to have given. their riak in the Hongkong and DAY the 11th instant at 5 p.m. B of Marine Lot No. 4 together Mr. Slade also contended Kowloon Wharf and Godown will be subject to landing charges, with the messuages and premises We don't know that the right to Corpus Act,

extradite Company's Godowns at Kowloon, Cargo remaining undelivored thereon known as No. 27 Bonham

1913, Strand. that information

had to be deaided in this case by where each consignment will bo MONDAY, Dec. 15th,

The said premises are held for the law of England and not by sorted out mark by mark and at noon in addition to landing position to give it it cannot be

charges.

26th day of June, 1843, created taken either one way or the other. to the point as to re-opening of as the Goods are landed.

Optional goods will be carried No fire insurance whatever therein by the Crown Lease of Mr Slade went on to say that a proceedings, he said a foreign on unless instructions are given will be effected.

Marine Lot No. 4 dated the 31st décision might be so qucted which Government might be annoyed to the contrary before NOON, All chafed and otherwise day of December, 1869, and made

SPECIAL damaged cargo will be examined between Her lato Majesty Queen might have been given on an but it was far better that a foreign TO-DAY.

Goods not cleared by the 13th at the above company's godown Victoria of the one part and Tam entirely different position in law Government should be annoyed than that which was in force in than that people within our bor-December, will be subject to rent. SATURDAY, Dec., 13th, 1913, A Choy of the other part subject

dors should be oppressed byzoiter- Damaged packages must be left at 10 a.m.

to the payment of the Crown PRICE PER CASE. 12 QUARTS DUTY PAID $35.00 this Colony.

No claims will be entertained Rent and the observance and per Counsel then quoted from theating attacks upon their liberty, in the Godowns for examination

by the Consignee's and Co.'s unless accompanied by short formance of the Lossee's conven-

DO.

24 PINTS DO. $38.00 Stallman's Case, a judgement of

therein

and representatives at an appointed delivery note or list of exceptions ants

reserved

SOLE AGENTS Lord Alverstone There is no The Hongkong Canton and hour. All claims must be present taken at the time of delivery to contained.

For further particulars and evidence with regard to the Macan Steamboat Oo'a steamered within ten days of the donsignees, and signed for and on charge of murder, therefore I dis Heangshan has gone to Kow-eteamer's arrival here, after behalf of the Pacific Mail S. conditions of sale, apply to:

LEO. D'ALMADA 6 CASTRO, charge the prisoner!" Undoubt loon Dock for her repairs and which date they cannot be re- Co.,

olaims will be All claims must be filed on or

Bolicitor, edly, continued Mr Slade, in the annual eurvey. The "Sui Tai," admitted after the goods have left before January 8th, 1914, other-

34, Queen's Road Central, case it was not intended under that having passed hor survey, has the Godowns..

wise they will not be recognised.

or to Statuto there should be a second resumed her rau to-day relieving NIPPON YUSEN KAISHA,

Mr. GEO. P. LAMMERT, attempt to charge the prisoner her sistership the "Sai Ao," which

.Auctioneer. ** with that offence. In the Law went over to the Dock today: Hongkong, 6th Dec, 1919. (1965 Hongkong, 8th Dec., 1919. [1066 Hongkong, 5th December, 1913.

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The Annual Survey,

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