1915-09-29 — Page 8

THE HONGKONG TELEGRAPH.

TO-DAY'S

LATEST WAR TELEGRAMS,

[Beater's Servios to the "Telegraph."]

THE ALLIES IN THE WEST.

GENERAL MARCHAND WOUNDED.

September 28, 8.05 p.m. Router'a correspondent at Paris says that General Marchand of Fashode fame has been seriously wounded in the spine, in the big battle.

[General Marchand, who was on the retired list when war broke out, is fifty-two years of ago, and has achieved considerable isme sa an African explorer. He entered the army in 1883 and figured largely in the Fashoda incident in 1898. He married, in 1910, Malle, de St. Romain, daughter of Countess Slidell. He is a commander of the Legion of Honour.]

TSAR TELEGRAPHS HIS CONGRATULATIONS.

September 28, 6.05 p.m. Reater's correspondent at Paris says that the Tsar has graphed his congratulations on the great sucossa in the West.

THE MACFARLANE

MURDER TRIAL.

Cross-Examination and forming the intention.

Verdict.

Sentence of Death,

a

EXTRA

HONGKONG, WEDNESDAY, SEPTEMBER 29, 1915,

was necessary. It was a mat-

common...

man

Lor of

knowledge thal when

drank, alter a certain point it affect ed his memory, and probably the next day be would not remember things said and done by him when in that intoxicated condition. In ordinary circumstances and in an ordinary case, that kind of thing generally occurred over matters of atrivial naturo. There was a great difference between a man insult ing one of his best friends, for example, and then remember ing nothing about it, and of shooting somebody and not being getting very drunk and able to recall anything about the shooting. It was not impossible that he should be so drank that he could not remember the thing afterwards. But if it was possible, and if it was a fact in that case, it did not alter the fact that at the time he shot the woman he might have been perfectly conscious of what he was doing.

SHANGHAI COTTON. SHARES.

LOSS OF THE E18.

- Crew Shelled in the Water.

The Preae Bureau on August Rozsah of the Ceneral Decllae,ment by the Secretary of the

21, issued the following state

decline in all Shanghai cotton We learn that the general abares is due to the rise in Ameri- can and Indian cotton, the price of yarn not yet having risen pro- portionately. The local crop in at the weather is now excellent reported to be partially damaged, and it is expected the decline

will be overcome.

UP TO THE MINUTE.

Closing Prices:-

Cements.

bayers.

Iodoa

and

$10, sales

$154, ex the 9 per cont div, buyers. Sugaro. $131, sales and

buyers.

Dougles's — $90, buyers,

Admiralty

GERMAN APOLOGY TO DENMARK

Slaking of a Neutral Steamer.

Copenhagen, August 23 The from Lieutenant Commander Lay in the North Sea by German A report has now been received Danish steamer Batty was sunk ton, commending E13, whose submarino on May 28, A. Gor- grounding on the Danish island man notification bas now been of Saltholm was made public yesterday.

Lieutenant-Commander Layton reports that the submarine ander his command grounded in the early morning of August 19, and

all efforts failed to reflost her.

WAR

Natives Loyal to Italy, Komo, August 11-Italian_na- Somaliland insistently request to tive troops in Erythrea, and

the European War, but the Gor- be allowed to fight for Italy in grnment prefers that the conflict with Austria should be rettled by the Italian Arm

received stating that the com- mander of the submarine regarded the steamer as an enemy yesto because he could not see any mark of nationality, and judging from the vessel's route he believed it was going to act se en suxiliary have for the British Fleet.

a

Strikers' Fine Example. Tie, August 12-According legram from Rome to the Petur Parisien, Italian strikers givenamagnificent proof

Minister as Private. The Rev. Peroy Jones, pastor

At 5 a.m. a Danish torpedo-bost

of tiem. They have decided appeared on the scene and com.

While remarking that of course, to hoe in favour of the Red, manicated to E13 that she would it was far from the commander's Cross increase of £120,000 be allowed 24 hours to try to get intention to attack a vessel under which he been granted so them off. At the same time a German the Danish flag, the German by the Italian Government. torpedo-boat destroyer arrived Government has now expressed and remained close to the sub- to the Danish Government, marine antil two more Danish through the Danish Minister in torpedo bouts came up, when she Berlin, its deep regret at the of the Freo Christian Church, withdrew.

"anhappy accident," and ite Doncaster, has sent word to him At 9 a.m., while three Danish willingness to pay the Danish congregation from Boornemouth, torpedo boats wereanchored close owners compensation for the where he was spending a holiday, to the submarine, two German damage caused by the steamer's that he has enlisted as a private in the Royal Army Medical Corps. torpedo-bost destroyers approach-loss. ed from the south. When about The German Government pro- half a mile away one of these poses that the Danish Govern destroyers hoisted a commercialment appoint an expert to fix the fag signal, but before the com amount of comp.usation in con mending officer of E13 had time junction with an expert appointed fred a torpedo at her from a to read it the Gerroan destroyer by the German Government, distance of about 300 yards, which exploded on bitting the bottom close to her.

At the same moment the Ger-

DEATH_OF LOCAL GENTLEMAN.

Mr. E. D. Sanders of the

Italian" Thoroughness." Perie, August 9. The Turin correspondent of the Petit Parisien states that the Official Gazette sammouses all men of the classes 1892 93-94 who were rejsoted on medical grounds to present themselves for further examination.

Dernburg at Work Agala, Tarin, August 11. The Gazetta del Popolo learns that Dr. Dern destroyer fired with all her

Hongkong Bank Passes Away.burg is now directing propaganda guns, and Lieut. Commander Layton, seeing that his submarine

We regret to record the death in Italy with a view to corrupting was on fire fore and aft, and an- of Mr. Edmond Duckworth San- the Italian Socialists on behalf of able to defend himself owing to dem, of the Hongkong and Shang- Germany. He is stated to b being aground, gave orders for bai Banking Corporation, which spending a sure of 200,000 lire on the drew to abandon her. took place at Home on September the work, water they were fired on by ma- of Ireland, came to the Far East

While the men were in the 27. chine guns and with shrapnel.

The deceased, who was a native.

cording to the Kolnischs Valkassi Sentence for Espionage, Amsterdam, August 11-As-

Schauenburg, at Mulhaasen, in tung Berr Meyer, a partner in the well-known firm of Meyer and

for life for supplying the French Alsace, has been centenced by a court-martial to panal servitude

wecret service with information regarding the movements of German troope.

soners, mostly of the professional

special concentration camp as a classes, who were confined in a

Mr. Ellis's Speech for the Detence. Mr. Ellis then addressed the jury on behalf of the prisoner..

Inter alia he dealt with the tele-statement of the prisoner. He said it was hard, sometimes, to explain what appeared to be a gerous, that it was likely to inflict series of contradictions and o serious injury. If this is proved, that was to say, the jury would series of improbabilities, but the the presumption that he intended find him guilty of murder. That jury had had the benefit of the to do grievous bodily harm is presumption of law might be re. prisoner's statement in the box. rebatted." The result, of coures, moved if the jary could be He had given it ander a great was not an acquittal, but, in a satisfied that he was incapable of responsibility, viz., that of ex case of that kind, a verdict of plaining to them what was the manslaughter. After what had His Lorabip-In which case the reason, or

if there was

any been given in evidence and verdiot would be manslaughter. reason he could give with regard addressed to the jury by counsel, Mr. Macleod continued that in to the taking of the life of his his Lordship told them without The Macfarlane murder case that story the only explanation wife. It was for the jury to hesitation that it was their duty concluded at H. M. Supreme Court and the only circumstances which say whether they believed that to zeturn ons or other of those on Friday Eptember 24, when had been put forward which story. The statements made by verdiots. the prisoner, John Macfarlane, a would go to show the lack of the the prisoner to his wife on former In conclusion, his Lordship senior warder at the Municipal intention to do harm was the occasions were, as bis friend had said that he thought Mr. Macleod Gaol, was found guilty of the etatement that the man wasdrank. eaid, brutal and unkind. They unwittingly overstated his po marder of his wife. The Court There was no doubt about it that ware brutal because they were sition because it was not cotton, was again crowded. The morning the accused was drack to some made at a time when the prisoner and to prevent the jury tsing was occupied, principally by extent. The law on the subject was not nearly responsible for influenced by it he thought he Counsel in their speeches to the was that in order to remove the what he was saying. The acoused ought to mention it, Mr. Macleod basis immediately lowered her death was about 15 years old. One of the Danish torpedo. in 1891, and at the time of his jury and his Lordship'e summing presumption, and in order had testified to the fact that he rather intimated that a certain bonte and steamed between the During his term in the Far East ole's upon three quarters of su not the intention, the jury in Shanghai for a period of naar bis mind. That was, he thought, troyers, who therefore had to cease kong Offices of the Bank (Head ap, and the jury were absent for to say that the accused had had been in serious employment conclusion had teen borne upon bis and the German des he was connected with the Hong hour. The prisoner had nothing must be satisfied that the acly seven years, and they had also more than Mr. Macleod meant to fire and withdraw. to my immediately preceding the cused was so drunk that he did heard the evidence of Mackenzie say. At all

quartera), Saigon and Tientsin. events it w38 death sentneɔ.

Dot know, that he could not know, who had seen no evidence of the not

Details of the Murderous Attack. While in Hongkong he was a ↑ question of what The proceedings were before that what he did was dangerous. state of mind as had been testi- conclusion he came to, or ing telegram relating to the attained the rank of Captain, Renter has received the follow very keen Volunteer, having Sir Havilland de Esqamarez, A men must be very drank in-fied to by some of the evidence, what conclusion anybody came to E13 and the subseqaout attack and was Volunteer A.D.O. to

German Reprisals Stopped. Judge, and a jury consisting of deed who was incapable of know- The Judge's Summing Up. except the jury. It was no basi by the Germans. Menure. E. M. Kirkwood, Wing that he was doing a dangerous

the Governor.

Parie, August 9-The Petit His Lordship summed up at ness of his Lordship's. The jury

He was very Journal understands that the Armstrong, H. H. Lennox, J. O. thing when he shot at somebody length. He said in a case of mur- had to look at the facts exactly s.m., when the Danish squadron being an efficient Rugby player, to discontinue the "pecial sreat- Copenhagen. Aug. 20, st10.35 popular in the world of sport, Germen Government has decided Dyer, P. T. Beath, R. B. Harry, with a gun,

der it was the duty of the Crown as they had been put before the was off the shallow Kraare banks captained the Hongkong rugger ment" of the 5,000 French pri F.O. Banham, E. Noakes, A. D. The Prisoner's Story.

to place before them all the facts, Court, and to devote their atten- in the Drogden passage, on team; he was also noted as a crack Bell, W. H. Rodger, A, Lester and The story of the prisoner was and from those facts for the jury tion to one point, viz., the coudiits way to the wreck and about shot. J. R. Jolly.

very strange one, and it was the to come to a conclusion, not only tion of the man's mind, and to five miles distant from it, an ex- Mr. R. N. Macleod (Acting kind of story which it was the as to what happened but as to rotora a verdict either of murder plesion was observed near a vessel health and recently anderwent an Of late he had beeninindifferent Crown Advocate) and Mr. K. E. jury's duty to consider very care what was the mental state of the or manslaughter. Newman (Legal Adviser to the fully before accepting it. It was prisoner, In the present case they A Verdict of Guilty".

coming from the south towards operation for interual troubles, Polics) appeared for the prosecn-pot an absolutely impossiblestory, had, perhaps, the most difficult set

the submarine. The jury retired at 12 o'clock,

He was, it is said, about to be being re- but they must remember that it of circumstances which they could and returned to Court forty torpedo-boat Soeulven, which, tion, the consed

The commander of the Danish married. presented by Mr. Francia Ellis.

was a story which any man might have, viz., the inquiry as to what minutes later. In answer to the together with the torpedo-boat Following his examination-in- tell with regard to any crime, and was the extent of the temporary Clerk of the Court, the foreman Stroeren, was near the E 18 reports violated, it will, no doubt, send a to the Government offering to re- chief the previous day, the accused also that it was a very easy story, state of mental aberration. There said they were agreed on their that at about 10.30 sim. ho observe protect to the German Governme clerical duties immediately www.cross-examined by Mr. Me. The cross-examination of a man was no doubt that the prisoner was verdiot, and found that the pried two German torpedo vessels.

in any Government office without clead. The first question related who was being tried for murder drank. When a man was drunk soner was guilty of murder," to the drinks he took at the was a very unsatisfactory affair. bis faculties were not entirely un-

remuneration, was employed, Danish Indignation with going towards the north-east in Asked if he had anything to say the Flintraeanen channel, where- Palres Gardens on August 16. Many a witness failed in the der his control, and that was, of why sentence should not be pass-upon the Soeulven immediately E. 13 affair has stirred public ment of the Charity Commission, before he succeeded to the barony, Each drink he had, he said, can-witness-box to do himself justice, course, the least state of mental ed upon him, the prisoner replied, started to meet them and protest feeling here to its depths, and served for some time as Copenhagen, August 20. The in the Endowed Schools Depart sisted ofthres "fingers" of whisky, and when a man was being tried aberration which might resalt from firmly: "Nothing." an amount which be sometimes on a charge like the present one taking too much alcohol. The last

In passing sentence of death, neutrality.

against a possible violation of took. He remembered seeing Mr. the probability was that he state was one in which absolute his Lordship said:-John Maofar-

The Press is studiously guarded private secretary to Bir Henry Noble in the Gardens, and he would do himself less justice in physios! incapacity supervened, lane. You have been found by the man vessels was observed dying emphasis being laid on the point The northernmost of the Ger undertone of bitter resentment,

on the matter, but there is an Longley, the Chief Commissioner. also remembered several of the the box than be would on but before that there was probab. ¡jury, as they were well entitled to the following eignal :—" Leaving that there is no excuse or explans the first year of war shows that

Viennese Vegetables. Zurich, August 9. The Bur any other occasion. He did not ly a state in which responsibility find on the evidence, guilty of the vessel as soon as possible. Sad- tion Fusible in face of the fast Mr. Macleod's Address to the urge upon the jury the demean for his actions had been arrived most serious crime known to our dealy the German torpedo-boat that the first German torpedo-boat 400,000 persons Belonging to gomaster of Vienna's report on our of the prisoner while giving at, and the question was whether law. There is only one sentence discharged some shots against thoroughly investigated the local soldiers at the front are receiving Mr. Macleod, in addressing the evidence, but they were entitled that atate had been reached by which a British Court can pass the submarine, which almost in-ity before retaining with jury, said the points on which to take that demeanour into con- the prisoner when he did an sot upon you, and that sentence stantly took fire. The Soeulven others. Thus it was a deliberate they had to be satisfied before sideration. He did ask, however, which caused the crime for which it is my duty to pass. The immediately went towards the violation of Danish territory and

State aid, already, amounting to giving a verdict of guilty were that they take into consideration he was charged. The exact coa- sentenos, I should inform you, German vessel to stop the attack, a cold-blooded murder of a defen-

sixty million crowns. In tion that the woman was killed on the substance of what he said and dition of a man, when that Majenje Minister, and that I can. upon which the German bons celess crew, who were seen on Callan faglives.

the oily has expended, 2,300,000 that day in that particular house the meaning of the story he had fluence of drink, when that Majesty's Minister, and butt can ceased fire and hurried south

orowns providing fre Deals for Galician by the prisoner. As to that, told them. The failure to remem state of intoxication had not, consistently with my duty, do warda at great speed, counsel did not propose to take bar a thing afterwards was a very been reached as reducing the otherwise than warn you that you any more time, because it appear different thing from a men's termed on the for angry in that sontesso at his hands. The man torcedo hoat had passed by ed abundantly clear. Secondly, knowledge and consciousness or ter had been the ground for many in that sentence at his hands. The the E18 without attempting to they must be satisfied that the lack of consciousness at the decisione, and his Lordship quot. centence of the Court is, that you, attack her. The British flag was acoused killed her intentionally time. The story which the ed the latest case tried in the John Macfarlane, he taken from hoisted on the Eld during the As to that, the jury would prisoner had told, taking it at highest Court dealing with the place where you now stand to whole cannonade. remember that he exits highest in his favour, and criminal matters in England. His Majesty's prison at Shanghai, Another version of the incident plained to them

the assuming the whole of it to be The words he wished to draw being the prison in which you says that a torpedo discharged at law presumed that a man intended true, did not help the jury one their attention to were: "the were lest confined, and that on the E18 missed, but the German the natural consequences of his iots. They were no nearer the question arissa as to whether a date to be fixed by His Majesty's destroyer then fired two shells, acle, and that, therefore, if there state of his mind when he shot man oan show that he did not Consul General, you shall be was no further evidence Iyond the woman, with the exception intend the fall consequences of taken to the place of execution the more evidence of the killing that if he had so completely for-bis acts by showing that he was within the said prison, and there and there was no other explans- gotten as he said he had then he drunk. Ha can do ea by showing be hanged by the neck until you tion offered, then in law he was really must have been consider his mind to have been so sffent are dead. Your body shall be Laken to be responsible for what ably drank, Forgetfulness was ed by the drink he had taken buried within the precincts of the he did, and he was taken to have not a matter of technicality, not a that he was incapable of knowing said prison, and may God Al- intended those consequences, matter on which expert evidence that what he was doing was dan mighty have mercy on your soul.

incidenta mentioned by him.

Jury.

that

As early as 8.45 a.m. a Ger.

ment.

Germany.

the

reprisal for alleged French mal- reatment of certain German prisoners,

Peer's Offer Lord Barnard, who has written

Eight

need grow

from

deck in careless attitudes, trusting cost

publishes a rumour that one for Bro te the protection of neutral waters of land within Danish torpedo-bost had its wire- The journal Hovedstaden

less apparatus damaged and one

Copenhagen, Ang. 28 The man wounded. At

British Government has gratefully The Dead to be Brought Home,

accepted the offer of the Danish Authorities to send the bodies which did great damage to the the 14 sailors killed in submarino: submarine. Two men who were E13 by special steamer to ERE wounded were taken to the navel The hold of the steamship Vidar hospital at Copenhagen, not yet received an official report The ship will leave on Wedn

The Danish Government han in which the coffins will naw being fitfed up an of the incident, but if, as it for Hals appeary, Daniah neutrality was