1913-12-09 — Page 5

THE SOTTO CASE.

Mr Potter Replies to Mr. Slado's Arguments,

Sir William Rees Davies, the Chief Justice, sitting in Original|

THE HONGKONG TELEGRAPH, TUESDAY, DECEMBER 9, 1013.

SPECIAL CABLES.

THE SINGAPORE BANK FAILURE.

Jurisdiction, at the Supreme KWONG YIK ̧BANK TO BE YOLUNTARILY LIQUIDATED.

Court, to day resumed the case in which Vicente Sotto, aj journalist, claimed from Thomas Carey Welch, Assistant Executive Secretary of the Philippine Islands, and, John B. Sawyer, Vice Consul for U. S. A., the sum of $1,81 1.03, being the equivalent of 2500, in which the defendants are indebted to the plaintiff under the provisions of the Habeas Corpus Aot; 31 Car. 11, Cap. 2., by reason of thein having procured or caused the imprisonment of the plaintiff on a charge of abduction,

(From Our Own Correspondent.)

Singapore. Received Deo. 9.

Following the Receiver's criticism of the marner in which the business has been conducted, the shareholders of the Kwong Yik Bank' Lave agreed to a voluntary liquidation of the Bank,

The President and. Vice President of the Chines Chamber of Commerce have been appointed Liquidators.

ANOTHER SHANGHAI ASSASSINATION.

within the territory of the NEED OF A HOUSE-SEARCHING CAMPAIGN POINTED OUT.

Philippine Islanda, well knowing

that the plaintiff had been dis- obarged from custody under a writ of habeas corpos sued out by him when in custody on the same charge.

Mr. M. W. Slade, K. C., is- atructed by. Mr. Hind and Mr. Norrington, of Messrs Bratton and Hett, appeared for the plain- tiff. The first defendant was represented by 'Mr. Eldon Potter and Mr. F. O. Jenkin, ia- stracted by Mr. Hastings, of Messrs Hastings and Hastings,

· whilst the second defendant was

represented by Mr. E. H: Sharp, K.O., instructed by Mr. Reader Harris of Messrs. Wilkinson end Grist.

UN

(From Our Own Correspondent)

Shanghai. Received Dec. 9.

A Chinese from Hankow way assassinated outside a road in the French Concession yesterday."

The North China Daily News advocates a streduous campaign embracing a periodical searching of Chinese Jodging-houses, hotels and other houses for criminals, and also active co-operation between the native and foreign polics. It says that the worse months for crime have not yet come, even taking normal years as a guide, whereas the present year is abnormal.

Mr Blade:01 course that is not my argument, but still my friend has pet up an argument which he assumes to be mina; it is nothing like mine.

He shall have the same jurisdic- tion and powers, as near as may be, as if the prisoner was brought before him on an indictable of

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fence. My friend arguce that "an SMOKER'S REQUISITES.

His Lordship on enloring the His Lordship said that what he near as may be " goes with him Court a few moments late said: 1 understood Mr Slade's argument in this care. Now, my Lord, am sorry to have detained counsel. to bз on the two points one sad there is no authority for that. Mr. Potter said that be under three was that impated crimes na- First of all I will quote to your stood the points raised by Mrder a treaty came under the Ex-Lordship two text books and then Slade came to this:-In fact the tradition Actsand this was a point I will give an actually decided Magistrate had the same jurisdic to be finally decided by the Magistrace. First Sir Francis Piggott's tion, within the jurisdiction, of rate himself, and the difference book is absolutely dead against magistrate in the preliminary in was that in an indictable offence my friend.

quiry for an indictable fence, and the points could be raised again. His Lordship-Mr Blado saya

NOW OPEN

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the net result was that the discharge He understood that to be it, unless Sir Francis Piggott is wrong KRUSE AND CO.

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Mara which is due to leave

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BASEBALL, Nagunki on December 7, cutting ANDERSON MUSIC CO., LTD.

His Lordship (to Mr. Pofter): Your contention is that the magistrate admitted evidence that INTERNATIONAL was unauthentic, as found by the Court and, therefore, it was faed- missible. Do you contend that it would have been open to you to tender any further evidence?

Team's Plans. Seriously Interiered With.

cut Shanghai, which will put them here December 12. The players could them remain here and connect with the St. Albans on December 16.

of the prisoner who was before him this point of autrefois acquit on extradition pri ceedings was showed the Magistrate had final final. He thought that was it in jurisdiction not possessed by other words and they got back to Magistrates in other cases. Was the same old point Again that not Mr Blade's argument? that the prisoner after discharge Mr Slade:-That I agree, but could plead autrefois acquit, and that is not what my friend put to he thought Mr Slade relied in you as my argument. It was put order to establish the proposition to you, "because it could not be bo mado which he (Mr Potter) sub-revised in a higher Court." Mr Potter-Undoubtedly, mitted there was not authority Mr Potter:With all respect His Lordship-Theu if it The international baɛsball Of course, it is admitted tha for, and there was abundant au to my learned friend, he used was necessary for the foreign team drawn from the crack everything depends on whether thority against on the other side, those words "they could not be Government to tender fur-American teama White Fox and Mr. Bunnell will cut out Shanghai on the osse of the Queen verats reviewed."

thor evidence upon

the The Giants, which should have and whethat he can make the Artou. That he did not think Mr Slade:-I dare say you are findings of the magistrate, to arrived on the s.s. Siberis yester- transfer to the Seattle Mara. had any bearing on the point actually quoting words, but you satisfy the decision of the Full day, will not reach Hongkong until There were certain points on are quoting them in a different Court, do you contend that it was the arrival of the s.s; Empress of which the Magistrate's decision senes to what I used, therefore purely formal?

Japan. They were, we under- must be anal in so much as they that doesn't make a fair answer Mr. Potter said this was un-stand, to bave played two daya could not be reviewed elsewhere, or a fair argument.

doubtedly his contention. First in Hongkong, but the delay He would refer his Lordship first Mr Potter: Then I am afraid of all be entirely disented from means that they will have to go of all to the Qucon versus Arton I do not know the sense in which his friend's proposition that to Manila as quickly as possible. 1896, 1, Q.B.D. *-

Some fears were expressed also Mr-Slade I am sorry to in- my friend used them (laughter.) the Court discharged Botto Any decision of a Magistrate in-on

ground that in Manila that the team would be terupt, but I think he is embark-vestigating an indictable offence there was no evidence. It must be unable to play there but ing on answering two thirds of on a preliminary inquiry is just be one of two things, Either the opinion was

expressed my argument by way of a general as final in the sense it could that enquiry before the magist that as the team had okar reply. I understood your Lord-never be reviewed by Court of rate was merely a preliminary tered the St. Albans to go on ship to say & reply should be Appeal. Of course, my Lord; they enquiry, or it was a case in which to Australia, they would be able THE Board having declared a Final Dividend of 4%, free made on the difference between are undoubtedly reviewable in the magistrate had summery to hold the Loat up for three days of Income Tax, making a total of the two statutes. My friend is the way of fresh proceedings; bat jurisdiction. If it was merely a to falfil their engagements in 8% for the year ending 30th June, giving a reply on res judicata. not by way of appeal, that's all. preliminary investigation, then Manila. Saould they, however, 1913, Holders of Bearer Shares Mr Potter: It is absolutely on We have only to see that he had they could go on re-trying him, miss the St. Albans their plans and Holders of Dividend War- the point. I am sorry if I have such evidence before him as gave and if they adopted the other will be seriously interfered with, rants received from London on had to use the words autrefois him authority and jurisdiction to view the defence contended that as the next boat, available does account of Registered Shares, acquit again, but it mast orop cummit, and if there was no such plaintiff WEB scill out of not sail for an interval of twelve will be paid their dividends on

the..

in Manila,

der the favoured nation clause saya the Manila Timies of Decem-

To-day's Advertisements

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Payment of Final Dividend on Shares for the year ended "

30th June, 1913.

presenting No. 2 Coupon of the Bearer Shares, aud Dividend

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1'Etrangere e

up. I think my Lord will find evidence before him to support Court. It was a peculiar position, daye. that I am not going to quote it. this point, then he would not but it was so. Assuming that

Mr Slade: In a general reply have jurisdiction to commit. We Sotto was a guilty man in this Arrangements for Teams Arrival to my answer.

Mr Potter:-I will confine my had no jurisdiction to

say in this case, the Magistrate case, and that he could not be re- It was reported yesterday in com tried for a technicality, his friend, connection with the big league self strictly, as his Lordship remit in so much as the evidence went further and said that a

games of the Giants and White quested me to do, to the point before the Magistrate was inad- guilty man could get £500 out of Sox, that Manila would come in- Mr Potter then read from the case missable. So your Lordship will them for re-arresting him. of the Queen versus Arton. He that the Arton case goes far His Lordehip:-I was on the then went on to say that he from supporting the proposition point really as to whether the ber 6. understood that dealt with the of my friend-it-does not sup decision of the Full Court was to In order to make this program- three preliminary points which port him at all. Where a oiime the effect that the proceedings me a success it will be necessary either Dollars or Taels, as the were that the Magistrate must one against a foreign country were not bad really on the merits. for the management to cut out Holder may, with, at the buying finally decide, and insemuch as it must te question of foot, IWhat troubles me is how far I the Magistrate must fually decide think, and these points are points are justified in going behind the Shanghai, bringing the players rate of exchange of the day.

through on the Seattle Mara due GENERAL MANAGER, these points, his decision was which the Magistrate has to statement that no evidence of the to leave Nagasaki on December 7, Kailang Mining Administration. final and therefore the prisoner decide, and he has to decide point crime was produced. could plead autrefois acquit. As four as well as one, two and three Mr. Slade finally submitted which would land them at Manila Hongkong, 8th December, 1913.

on December 12, 2

Becretary Redline of the Manila

there was

F5

His Lordship remarked that he was responsible for a good deal of what M Potter had said in reply to the Court.

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a matter of fact it was not so on inst the same way, and the that his friend had stay- the face of it. The word final authorities are clear that the Court ed over and practically re-argued baseball league telegraphed to

used in a sense which would not review his decision on the whole of the man branch of Hongkong on the 6th inst. for THE Undersigned has repelen was not the correct sense. For the points if he had evidence be- the case, a thing which he had corrol ration of the statements instructions to sell by Public instance if a Magistrate's decision fore him, so that the decision of certainly not anticipated as he had that app sared in the leal dailies Auction on after investigating an ind- the Magistrate is just as much a brought no books into Court to the effect that the world touring the 13th December, 1913, com- ictable offence was final in final one as it is ba the other with him.

baseball teams would be four days late in retching Manila.. that sense, it could not be points in the tense my friend revised-there was no moɑne of infera.

The reply to the cable stated revising it. When he discharged Mr Blade: Not the sense at all,

that the Empress of Japan was a prisoner there was no means of that's the whole point.

delayed by rough weather, but revising it; there was no appeal Mr Potter-Now my Lord, you Mr Slade-Your Lordship is the extent of the delay was not of the Crown, therefore there was will find no authority in support being asked to decide on falso mentioned in the cable reply. no way of revising it, and the same of the proposition put forward by analogies instead of principles, Mr. Bahnell. advance agent of ergament could apply if a man my friend; he 'bas quoted nons Mr Slade dealt with one or two the outfit, will arrive in Manila Brgued autrefois acquit. The mere fact that a judgment could and there are none, se far, as I other points arising out of what to-day on the Cobler. It is por not be revised did not mean that can find, as to the difference be described as the "enippinga. Isible that he has made a range 12th,

Etween a Magistrate in indiet quoted by his friends, and the merits or will make arrangement it was final at all. That was not able proceedings and extradition proceedings closed. te the meaning of course he meant proceedings. The Act is clear. His Lordship intimated that be on his anival here to have, the party transferred to the Seattle revised on

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