1920-08-24 — Page 6

Watson's

very Old liqueur

E.

SCOTCH WHISKY

Per case of 1 dozen $28

including duty.

THE HONGKONGS

NOTES & COMMENTS:

DAY BY DAY

AUGUST - WEATBEL

DYING DEPOSITIONS.

THRY ADMISSTBLR

DOKDOT PROFIT ZA MAN ARE It has become a saying among MUUH IF HIS BERVANT KEEPS AS EVIDENOSI older Hongkong residents that THE COMMAXIMENTS" INTAUT we seldom, have typhoons in AND BREAKS ALL HIS CROCKERY, August, and it would seem as if August of this year is going to help maintain the record, We

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opíum.

admissible On two

FISCHI

to show that the

marisan ahipbu Arising out of the murder asked to pot in «viciano My lost faith in the militan charge against Leung Tai as the Justios Avary in his, judgment yourn they hnem bean GEO Criminal Sessions before: Me: on this point of full-oppori-ing with achounen of-

of is a blend of the finest Whiskies haven't had the nigan once, a Raypress of Rasai will not Chief Justice, and a jury. Wys that apparently at 6 pun salling vrown its the world,

We are asked to state that the Justice Gomperts (the" soting unity

cross-examining and just before the war the lan

and, if we remember rightly, it call at Kobe this voyage.

F. C. Jenkin, the counsel for the the prisonde was apprised that woven-mastel Thomas W. Lavaqu distilled in SCOTLAND... was not until a few days ago that

prisoner (Instructed by Mr. F. E the evidence would be taken at flew the Yankosfing. The setma a typhoon warning was issued

Naab,) this morning argued the the infirmary. No opportunity was five years of war gave a pro from the American Consulate i In the case in which a Chinese question of the inadmissibility taken to secure a counsel. He impetus to the construction of since the somewhat stormy days was charged with committing a

of the dying depositions of the Says" must have regard to these vessels in America. Hus The same high standard of quality of July. And we are also wonder-robbery on two Chinese fitters of man who was stabbed.

the time that the prisoner was dreds were launched, some 100 ing whether a real weather record the steamer Groningen, ni Yau-

The Hon. Mr. J. H. Komprised that the evidence hurriedly, ・ and ・ there still maintained.

has not been established this mati, a sentence of six months Attorney General, said that be would be takan: It was only an scrapped. Now, with the high- month, seeing that the ther- hard labour, was this morning would ask Inspector Murphy to did not have a full opportunity of cans are furning out large sall- bour. In my opinion the prisoner prions of coal and off, the Amacă- mometer has been so exceptional inflicted on the prisoner by Mr. give further evidence on this cross-examining, and I must re, ing ships. by low for the time of year. Coat R. O. Hutchison.

point of the dying depositions.

In the immediate days and nights have been our

jeat and hold it inadmissible.” If futurs they hope to hava. 700-foot' The Chief Justice-Mr. the doctor at the hospital thought varsejs on the stocks, and they experience lately, but no doubt

Attorney, you now tender the that the man was suffering from estimate that much vassals can be September will witness a temper- According to our Macao coding depositions—Yes, Dy a grievous wound and waagoing to worked by 130 men, ke Against ature a little less kindly. At

Lord. Home, July has, within recent spondent, La-Yun-ahun, the

die immediately, and be thought the 1,000 crew of a liner. A liner years, earned for itself quite badhan, has received orders to very short one and it arises by secused by the proviso could be double run these days, so there is Mr. Joakin This point is that the benefit given to the burns £40,000 worth of coal on a regimental commander at Chin- reputation, wet and chilly weather

mis-mach, to be said for the sailing having been experienced. On Prepare to take his three baital reason of the proviso under Section swept away, that was

ians back to Centop. They are of the Evidence Ordinance 2 of fortune for the Crown, and it ship. And, indeed, for speed it is shat August here is going to earn to proceed by junk. This un- 1889. It appears on page 45 154 could not be a misfortune for the not much inferior to the steamer.

good reputation, which proves

expected development suggests of the first volume of the Ordine accused. If they had given the Few trampa can log 15 knots, that it is all a matter of where that important arson are happen-auce. The proviso is to this affect. prisoner ample time it would which is by no means so ener- you are that determines your ap

Ing in eastern Kwangtung.

The dying deposition, may be ad- have given him A full mous speed for a large vassal probation or otherwise of what,

duced in evidence provided it in opportunity to arosa-examine. He under sall. Jupiter Pluvius and his associates

proved to the satisfaction of the (Mr. Jenkin) submitted that the' care to give. A Er gkong som

Court that reasonable, notice of deposition was inadmissable sa Our Macao correspondent in mer is often spelen of as being forms us that a steam launch tion has been served on the there was no opportunity to believed, the first member of his the intention to take such deposi- the notice was not sufficient, and The Prince of Wales is, it is almost unendurable, but the named the Tai Lee has been experience so far this year has seized by the Lappa Customs Prisoner, and that such counsel cross-examine. There was a third family to be in anything like a provel that one can easily ex-launch Pak Tau off Nine Islands, hom the prisoner may have ground on which it was not serious railway accident. In spite aggerate when looking back on outside Macao, with 1,900 taels chosen be presented full op admissible that it was essential of all precautions, it took many things. If it is the lot of Hang-of opiam abcard. The seized portunity of cross-examining the under the section that there years to reconcile royalty to the DBY make the should be a caption and that cap-new mode of locomotion. As late kong residents to endure nothing launch is now in custody of the person who worse than they have has this Customs at Ma. Lau Chow, and a deposition. My contention istion attached to the dy-as 1842 the Morning Fost was able Sear, then they will indeed be beavy fine will be imposed, in that this deposition is noting deposition. It was essential to explain that-Her Majesty fortunate folk.

addition to the confiscation of the under this particular proviso, in on what charge the deposition Albert invariably accompanies grounds that the dying man should say never travels by railway. Prince

SENSATIONAL STORIES.

that it has not been proved that was or what offence had been the Queen, but patronises the reasonable notice was given to committed. At the date of taking Groat Western generally when the prisoner or that he had a fall this evidence the prisoner was compelled to come up from Win- delivered at their residences without any extra charge. On copies the Colony, and with, all due cantly damped into the Harbour This does not imply on the Police been apprised by the Police that has been known to say, "Rot A quantity of guncotton re-opportunity of cross-examining. not even charged. He had not deor alone. The Prince, however, respect to their undoubted by the Admiralty, safely. as they officer or anybody concerned in he would be put on trial for killing quite so fast another time, Me averacity, we wish to state that thought, was the object of atten-the proceeding anything dispar- this man. He was not charged Conductor, if you please." Per-

when some types of tourist get tion by a certain Chinese boat-aging, but it is merely a proper before back to their own country they man whose business instincts told objection to take on the facts as another factor that this man was Queen's scruples, for on June 18 July 3rd, which was bape the Prince overcame the tell stories of the Orient as tall as him that profit awaited the man they present themselves. The not given a fall opportunity of in the same year the Railway Jacob's ladder. It is not an in-who could command a sale of this facts are shortly these. At 11 cross examining. The case on Times, was able to announce that frequent experience of ours, when staff which is in much demand o'clock on the morning of the 2nd this was Rar versus Newton "Her Majesty made her first looking throngh American news-by fishermen. Accordingly be set July the prisoner was served with (Roscoe's Criminal Evidence, railway trip on Monday last on papers we receive, to find that to work to salve it, and in the a notice outside the ward of the page 69.) It merely said this, the Great Western Railway, and some tourist has been giving deals which resulted proved Government Civil Hospital by that the deposition with the we have no doubt will in future stories to American news himself too slippery for Inspector Inspector Murphy. The notice caption not showing on what patronise the line as extensively papers that contain scarcely Earner; who was unable to lay was explained by one Lau Wing-cbazze the deposition any vestige of truth and quite his bands on him until Inspector chan, who was called as a wit-taken was not admissable in Majesty's mother had already was as does her royal-Consort." Her A number of very

obvious For took a band in the game. ness yesterday, and the prisoner evidence. There must lies. We have just come across The man was caught yesterday, was taken immediately before caption. On these three grounds for many years.

be a been using the railway regularly an example that is worth quoting. and aquantity of gun cotton seized the deceased and the state he (Mr. Jenkin) submitted that Under the picture of quite on his boat was produced in ment of the deceased was the evidence was înad missible. pretty girl, there is the follow- evidence before Mr. R. O immediately taken before the ing Just bons to be thrust Hutchison this morning. A fine prisoner, and the prisoner was of King versns Harris the learned ceased has a few minutes to

The Chief Justice-In the case into a pirate ship, and sold for of $150, was inflicted by his Wor-forthwith asked to cross-examine Judge says at the end of his cross-examine. It is relative We have often had occasion to regret the fact that the people 50, the price said to be paid to ship.

him if he wished to. The notice judgment "I regret that those BRY cbat the sccared of Western nations, by which we meso, America and the principal Chinese pirates for white girls,

and the depostion therefore were responsible did not take the bad Do desire to obtain European powers, have the baziest notions of prevailing conditions iss Ellen Neilson, of Copen-

& connected transaction. A very trouble to see that the evidence legal assistance, even if he bad in China. All of them have beard pretty talk of the awakening hagen, screamed so londly that a of China." a phrase which is far too glibly used by those who ought rescuing party, headed by Lee the air, Sergeant Neil secured a reported in 18 Law Times 211.wrobg notice." I do not quite 32 of any delay to enable the

How by firing his revolver into recent case on this point was was admissible, thus supplying a

time for so obtaining it. There is no mention at all under section to know better, and many of them bave been content to judge Chins Winters, an American banker. prisoner who proved to be a trifle Quickley. It appeared clear that follow this, and the Chinese by men of the type of those who have represented helped her to escape. She was too alert was related by the this proviso which was for the the Far Eastern Republic at the Peace Conference or those who the out-skirts of Cantoo, guided bis man at the Police Court this else are, over-rode the whole of meat you will see that the Judge said that if he had a little time

overtaken by night while touring officer himself when he charged benefit of the accused, as all will go farther up into the judg

Mr. Jenkin-If your Lordship accused to obtain legal susist- represent their country abroad-Westernised Chinese shali we. call them? Hen, at any rate, who have a veneer of Western ideas by four rickshaw men, who turned morning with being in nolawful the section and unless its tarms fieds it a fact that verbal notice he could have legal assistance."

The Chief Justice: Yes; if be about them, who can converse Blacatly in foreign tongues and who out to be kidnappers. She told possession of a chisel. It was were strictly applied that evidence was given. If this judgment is are given to the utterance of fine-sounding democratic sentiments. her adventure in San Francisco stated that in the early hours of was not admissible. The next consistent and sound good sense, We fear that too many Europeans and Americans, in their own

Mr. Kemp: No question. of en "oute to her bome." this morning the Chinese was point was that the notice must be it must mean that if they gara that kind arises here," If a man is country, imagine when they meet a dapper young Chinese, attired bave not the slightest hesita seen

about prowling in the conventional frock coat and silk hat. that here they have a tion in saying that that story is suspicious manner near the Ko ground, and it must not only be a before the dying deposition was taken to hospital to

ia ain writing. That was common notice on Friday, which is a day tabbed at 12 o'clock at night and typical representative of a people burning to free themselves from either pure fiction or a gross dis- Shing Theatre, and when be notice but it must be reasonable taken, that would have falls state, age-long oppression and conservatism. By mea of this stamp is tortion of a trifling happening noticed that he was under observ-nolice. If it was admissible in apprised the prisoner of the to get legal assistance. It may Chins judged abroad, and when they talk of fighting for the Con-It may have been myented in stion, he broke into a ruo, with this particular case it must be proceedings that were going to diminish the stitution and of their determination to save the country," they find the minds of the parties concern the Sergeant bot on his heels. He reasonable. It must not be reason-be taken, and that would have fact that

TAÏDO in the ready listeners who are easily gulled into believing that Chinese ed in order to gain cheap came to a sudden halt when the able from the point of view of the given all the opportunity of cross- Bot cross-examine the dying the prisoner Bid political crises represent a battle between an oppressive militarism notoriety, or it may have been the shot was fired, and, in a blue Crown, but from that of the examining. and a modern, enlightened democracy. It is a very fine dream, but product of an enterprising news funk, was a tame captive for the prisoner, for whose banent this

regards ** only a dream.

paper man whose stories" for Sergeant. Mr. Farebrother Mason, proviso has been enacted.

The Chief Justice:In other question of reasonableness True, there are informed writers in these Western countries the day needed something to give who appeared for the defence, must be reasonable in this sense, received was for one hour and by my learned friend is Bex I words, the notice that was points arise. The case cited who know the facts and who now and then seek to explain the

them pep. But the incident, secured a remand of the case that it would give him an not 24 hours? situation in all its nakedness. Such as these is Mr. J.O.P. Bland, as told, certainly never happened. until another date.

versus Harria. According to the | opportunity to discharge the duty who of late has been contributing a series of most admirable articles We bave found plenty of similar

Mr. Jenkin-Yes, my Lord.

learned Judge, all that was requir». of cross-examining. in the leading London papers on Far Eastern affairs. The an- fabrications, but bave been

The Chief Justice-Of course, the prisoner. With all das res ed was to serve "the notice on point was that he must have full Newton's case is not given as an pect I submit that Mr. Justice fortunate thing, however, is that contributions such as these are optent to let them pass. Not read by the few rather than the many. Still, they have a value for only is there

opportunity to cross-examine. If a mat were taken immediately authority in the principle you Avery appears to have overlooked all that. In one of his latest articles, Mr. Bland explains what the gainst the Chinese contained in

A lifebelt, covered with slime of the deceased he did not have s

after a notice into the presence rely upon.

Mr. Kemp continued to cite an

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The Hongkong Telegraph

HONGKONG, TUESDAY, AUGUST 24, 1920.

THE TRUTH ABOUT CHINA.

# gross libel

LESITANIA LIFEBELT.

The other

RDCO.

MAR.

4.

Mr. Jenkin It does not refer

#

both Acts.

As

dying

would be difficult

the

civil war in China really means. He shows that the recent quarre]/this report, but Canton is being and seaweed and bearing the fall opportunity of cross-examinto this point in Newton's. It is article from the Justicese of Peace

organ.

Mr. Jenkin~Surely, he can

which caused so much excitement in the North was & demonstration given AD evil reputation it in force by the leading "Outs" against the pro-Japanese party in doesn't deserve and innocent ame "Lusitania" in large black

was only in Roscoe's. My first ground, power. He then goes on to point out that, on general principles, and if American readers a being gulled letters, has been found in the in the evidence, which there were any indication of disinterested love of country or common into all sorts of mis-beliefs. Delaware River, U.S.&. The clearis shown in the test case my Lord, is the most important.

Mr.Kemp 1 submit, my Lord, purpose of reform amongst the malcontents, justification might really Papers at Home are not alto-finders state that a lock of blonds before Mr. Justice Avery, the

criminal practitioner. that the test suggested by my not read this article. be found for a movement of this kind in the fact that such public opin-gether free of this kind of thing, hair was found on the belt, which rest

The €850 ho (Mr. Jenkin) isarned friend for construing the The Chief Justice-1_caanot ion as exists in China undoubtedly resents the venal subservience either, and it is a pity that some was in good condition except was quoting was King versus word "reasonable wrong see how you can cite the article, of Marshal Tuna and his colleagues to their Japanese paymasters people cannot travel without that one arm strap was broken.

Harris, 1918, 82 Justice of the test. He says that it must be Mr. Attorney. la 16 nigund by. but he makes the strong point in his article when he says pandering to a desire for seosa-

Peace. 106. In this case a woman reasonable from the point of any Member of the Bart-Ho.. Unfortunately, however, the proceedings of the so-called Peace tionalism and notoriety."

named Harris was charged with law of the accused, Conference at Shanghai and the antecedents of the insurgent leaders, HORSE SENSE?

and Afr. Jenkia —It may have been I -submit murder, she having, it was alleg.

that .it must contributed by Mr. Kemp- Including Tang Shao-yi himself, all point clearly to the conclusion

putting a 10 per cent. tariff taxed, that patriotism and sinceze principles have nothing to do with the

illegal be reasonable under all circum- (langstar.) performed We reprint the following, with on all goods brought to these operation on a woman named stances of the case reasonably The Chief Justice (to Mr. case, for they are equally lacking on both sides. The Outs have out comment, from an American shores in foreign-owned ships. Gander, who died as the effect of taken into consideration. His Kemp)--Apart from the statutory got a better war-cry than the Ins, no doubt, but, the fact remains newspaper:Now, if ever, the This is the rankest sort of dis- this operation. The woman was interpretation is that if it is an offense, would it not have been indisputable (and is fully recognised by the Chiness themselves) that United States needs the friend-crimination against the shige of arrested on Friday, April 5th reasonable from the point of view better to tell the man what he in these rapidly recurring crises there is no genuine conflict of ship of other nations. So Con-England, France, Holland, Bean- On the facts of this case a verbal of the injured man the Crown was charged for 7 political opinion, no quarrel between North and South-nothing, in gress, just before it quit in June, dinavia, Brazil and all the other notice was served the does not matter. My submission Mr. Kemp The deceased wa fact, but the sordid strife of hungry politicians, each and all warring passed a law deliberately slap maritime nations. America has WODILIS for their own selfish ends. Therefore, so far as the Chinese people ping 20 nations in the face. many ships, but only a fraction of Gander might possibly be stances into account and decid slot The Police

that the deposition is that you must take all circum- then not in a precat are concerned, it matters nothing which side issues victorious from These 20 natione have commer of the world's great-fleet. Her taken in hospital On Sature what in reasonable times the result of t the present straggle: peace can never be assored to the nation, at cial trestles with the United ships can't carry all the goods day she was taken to the infrm. If would not be reasonable am large until the strong hand of properly constituted authority aball States. Among them are all the that cross the seven seas to her ry. They took the deposition of if the time given to the

leading maritime petions of the shores. She can't induce other the dying woman and under see: to appear was insufficient for could bar

have been firmly re-established."

on

Those words of Mr. Bland's sum the position up to a nicety, world except Hassia, Germany nations to rest quiet under this tion. 39 of Indietants Evidence, the place in time without They reveal the bald frath and show what we have always con- and Fortugal. By treaty the Un-discrimination. Suppose ther This section provided for the ordinary exertion. It tended that the present political unrest is solely due to a scramble ited States has mutually agreed take similar steps, as well they depositon being takes by the unreasonable if there w for office and all that goes with it. In other words, let the Southern with them that neither party to may, forbidding exports from Yagistrate who had charge of this urgency, and Belf-styled Constitutionalists say what they will, or let the whole the pact will discriminate against America to their ports, unless case. The proviso stated that the short delay to obtars legal assist body of professed anti-militarists swear themselves hoarse to the the other's ships. It's a fair, open, carried in their ships will evidence umet be taken before 18 ano contrary, it is nothing but a series of manoeuvres by rival elements give-and-take arrangement, based American ships salt amply to fo lay their hands on the country's revenues. There may be a few on goodwill, good business and Europe in order to get cargoes of honest, well-intentioned men in both the one camp and the other we good morals. Congress has in stung America" needs for Will

hould not like to go further than the "may be." But if there are, treaties immediately York for loads of goods

structed the President to abrogate British ships steam light to they do not count, for they are hopelessly outnumbered by other to whom the spoils of office are the chief incentive. The strong thereafter; another provision of British want? Is that Man is still needed. But whore is he to be found?..

American law becomes affective, or horse sense?