1919-07-09 — Page 5

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Umbrellas

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APPEAL COURT.

APPEAL AGAINST MAGIS- TRATES SENTENCE.

Fand

fallure to regarding

ezament

to San ned and meri-

American Governments La settlemeBH. me Gagreements Government.

one of

5eighty

we taken Governments

with the Din The .. Tisond the large number. in all-whịch. by the Allied under jus angaria...

The vessel at present is still under the cóntial, of the D. S. Shipping Control Board. She has come from America with a full cargo of kerosene oil: for various firms and on completion of the discharge of this cargo and after repairs have been effected, the steamer will be delivered to the Java China-Japan line at Manila, where the Dutch flag will be hoisted and the boat

DAIRY FARM NEWS.

KIPPERS KIPPERS

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65 cents per lb.

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IMPORTERS & EXPORTERS

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16 Des VoeuxRd. Tel. 29.

“SKOOKUM PACKING, ELECTRICU,

could not be denied by the Crown that he has not the right to chastise her reasonably if she was in fault. It was will be employed on her regular not an. ordinary case of run, between Java and San Fran- QUEEN

be substituted by Dutch and in which nothing cisco. The American crew will MOTORS, GENERATORS AND OTHER assault

Chinese crews, which the Java- China Japan Line are sending to Mamila..

In the Supreme Court this would justify such assault; morning, His Lantship, Sir was a case in which complainan William Bees : Davies, Khad the right to correct the girl (Chief Justice), and Mr. Justice within reason if she had done Melbourne (Puisne Jadge something wrong, Perhaps their sat in Appellate Jurisdiction Lordships knew that not only to hear an appeal against a senwas that English law but it was tence of two weeks hard labour the law and custom in China to passed on Chu-Chung-hi by Mr.

a far greater extent as a matter

ing of a girl. Taci Ha,

with an instrument which was an improper instrument to use on a small girl.

The Attorney General, (the Hon H. E. Pollock. K. C.) appeared on behalf of the respondent (the Hon. Mr. E. D. C. Wolfe, C. S. P.) and Mr. Eldon Potter, instructed by Mr. P. W. Goldring, represented the appellant

that

was

had

very

-

connections, was

mean is that you do not come His Lordship-What you within this Ordinance A

R. O. Hutchison, at the Magis-of fact, than in English law. Mr Potter said the answer to tracy, for alleged wilful beat-

His Lordship-In fact Roman that was that Magistrate could Law..

have dealt with the case as one Continuing, Counsel their Lordships had to consider could have been adequately met.

said of ordinary assault and the case the man in this case by the infliction of a fine. an influential Chinese, It was quite clear that there large business had been no aystematic cruelty

B contractor but that to the Naval yard and that his occasion, for which the appellant on the particular career and business would be was charged, he exceeded his ruined if he had to undergo authority and punished the girl labour and it had to be considered have been very different if the term of imprisonment with hard to an excessive extent. It would as to whether he was not entitled case presented by the Crown to the alternative of a fine. The had been a charge of system- sentence of fourteen days hardatic ill-treatment of the girl who labour meant absolute ruin to the was in the appellant's custody, appellant.

That was not the casĖ. It was a case of a man who, on.. `one

Mr. Potter said this was a appeal against a decision by the Chief Magistrate, whereby the appellant was sentenced to four teen days hard labour without the option of a fine. He had been granted leave to appeal by the Magistrate. He would say anything about that. A man is His Lordship I do not know at ante, in order to responsible for his acts and if he save time, that his contention does wrong he is liable to be would be that the punishment

punished. was too severe in the circum stances of the case and he would ask their Lordships to vary the judgement, as they were entitled to do, by imposing a fine in the alternative.

His Lordship:You mean by that that you do not contest the validity of the decision.

...

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occasion, had done something be ought not to have done, that was, he chastised the girl in a manner Proceeding, Mr. Potter said the sidered improper. In the girl's in which the Magistrate con- only question was as to whether depositions it would be seen that the penalty was not too severe.she had admitted she had been The statue of the ordinance accused of stealing on more than under which the summons was one occasion. The charge was taken ont the

Was confined to that on May 22 the appellant as-

act for. prevention of cruelty to children. one and only charge which the the sulted the girl and that was the

section that that legislature was It was absolutely clear from that Court had to consider. meant to deal with systematic the fact that the girl had been His Lordship then referred to cruelty to children. In present case the girl was well casions and argued that the Court the beaten previously on several oc- nourished and there was no sug-was entitled to consider that gestion of cruelty.

fact in deciding whether His Lordship-The Doctor, in there had been systematic cruel- his evidence before the Magistrate, ty or not. says her condition was very poor un and that it was as a result of the

beating. A. Mr. Potter-There is no sug down...

Counsel replied that a Chinese gestion that the appellant had

that the man should be discharg- constable heard screams and on illtreated the girl. The girl Magistrate was entitled to con- position was that the man was child was brought out by the con- His Lordship held that the ed. Proceeding Counsel said the tasking that was the matter the said herself that she was only sider the fact that it was not the the worse for liquour and was cubine. beaten when she was naughty. first or second or third time the absolutely irritated and was His Lordship pointed out that

Counsel then referred to

the child had been beaten or punished. justified in chastising the girl, the Constable in his affidavit,

Counsel proceeded to argue but overstopped the mark.

stated he found that the On request of His Lordship. Mr. child had been beaten, black and

Mr. Potter said that he did not contest any decision. He put it to their Lordships, on the facts, that justice could be met by imposing & fine. Their Lordships had powerto make any order which the Magistrate himself could have made when he heard the case.

The charge was one of lawful assault within meaning of Section

the

Mr Potter-If your Lordship is going to find that there was s78- tematic cruelty, I can only sit

HOTEL MANSIONS.

Mr. Potter:-I am not arguing

of Ordinance 9 of 1913. It was not an ordinary case of assault it was pecaliar in many ways. The girl in the case was a member of the household of the appellant and she belonged to the Ordinance dealing with system fifth concubine of the former.atic cruelty and argued that there that such a thing could not be She was, what they called was no such charge brought considered by the Court. à men Potter read out the Doctor's bine on the arms and legs. in Hongkong a Slave

girl against the appellant.

quite clear that the act under ave occasions and then on the girl had been beaten black and that it was submitted that the It was might beat a servant on four or evidence which stated that the Counsel concluded by arging which the appellant was charged sixth occasion, being absolutely blue on the arms, legs, thighs and punishment was far too severe to was aiming at systematic.cruelty tired of her, ose control of lower part of her body and her meet the crime in view of its con- which would be likely to cause himself and beat her excessively; wrist was badly sprained. She was sequences and asked the Court to injury to a child.

TO evidence also in a very poor condition order that the option of fine that any of the subsequent Could Counsel, asked. His should be allowed. beatings should be made the Lordship, possibly - say after His Lordship-held that the im- ground for a charge of systematic that evidence, the punishment prisonment was not likely to affect cruelty in any Court, Proceed-had not been ex

He the appellant to the extent sub-

and, so far as they knew, she had

no parents and the position as between the girl and the appell ant was that he was in posses sion of the girl and as such it

THE GREAT DAY.

There

WAS

ing Counsel said that the

considered that appellant admitted he came home

with drunk and found another charge the man adjujt

coupled

(He only tells the truth by accident," was the character given of stealing had been lodged at the time and not boy in a police-court.),

We are hanging out the bunting, We are letting off the guns. We are standing all the neighbours Home-made lemonade and buns, We are showering handsome' presents.

On our William, lucky youth, For to-day you'll scarce believe i

Little Willie told the truth

How it happened none can tell But

*None deny it did.

Let the rocksts soar

Let the festive rs

Wards

against the girl.

senses showed that the His Lordship: If a man gets not too strong. drunk and be beats a child, he

does it at his own risk!

Mr Potter I have: not, said that it was right. The ques is as to whether the sentence fourteen days hard labour 18. too severe. We hold tha far to severe, :: 4

Counsel then handed ship a cane with was beaten rand pointed out that note

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