1928-03-28 — Page 11

THE METAL BOX

By

THOMAS COBB.

(Author of " Falas Pestances," Mrs. Romeroy's Beputation, &c.)

CHAPTER XXVIL

A HAND..

THE HONGKONG TELEGRAPH.

TOBACCO ABOARD

SHIP

IMPORTANT POINTS RAISED IN COURT.

OFFENCE OR NOT?

A

"

WEDNESDAY, MARCH 28. 1928.

HABEAS CORPUS

APPEAL.

{Continued fróm Page 7.)

His Lordship remarked that that did not enter into the question as it was not raised in the grounds,j Mr, Hin Ship-to replied that it} was impossible to insert overý detail:

Of particular interest to ship. ping circles was a case which

His Lordship-Do you accept came bofore Mr. R. E. Lindsell this the position that you are tied now. morning, when the Chief Steward by the grounds set out in Mr. of the Canton river steamer Tung Loseby's affidavit?

Counsel replied by contanding answered.On, named Cheng Fu, was sum•

moned by the Superintendent of that on the ground which he had Imports and Exports for boing, in referred to, he was entitled to go possession of tobacco "otherwise into the jurisdiction of, the magis

with the trate as extensively as possible, than in accordane provisions of the Tobacco Or dinance."

His Lordship Intimated that he would hear counsel on the point! later.

"The curato," she SERGEANT GALLOWAY TAKES "Once a week he comes, regular

This is his morning.”-

His visits were great events in Sergeant Galloway did not re- Polly Redpath's Hic. She looked turn from Mountport till after mid- forward to them for days before night, but he reached Scotland hand making her preparations ac Yard in good time the following cordingly.

For the defence, Mr. J. A. Gor-

Mr. Fitzroy submitted that the morning and heard about Everard "I suppose you want father," she den Leask, on a point of precedent, other side could not go beyond Parkinson's arrest before he saw said. He's only gone to the post. sald he would like to ask the the grounds set out. He continu Inspector Pow.

He won't be long.”

Superintendent if every vessel ed that the warrant commanded} nice scent you've got," suggest-running between Hongkong and that the men be brought before Galloway had obtained informa- tion from the Governor of the ed Galloway.

Putting her hand beneath the Canton had to report the presence the Magistrate to be dealt with prison, which, in his ignorance of

of tobacco on board which was according to law and finished with what had been happening during canvas sack against which hor back merely kept for the use of the the words "and this shall be your

small his absence, 'seemed likely to lend rested, she drew forth a

warrant." 'This gave the magis- to something.

bottle, which had formerly contain Passengers and crow.

Mr. G. R. Sayor replied that they trato right, when a fugitive crimi- A man named Whitehead had a drug of some sort, but was knew of one instance in which anal was brought before him, to been discharged a few days before at present about a quarter full of a. Christmas. For some time he had clear, while fluid. Taking out the port was made, and that was have the same jurisdiction as if been on the sick list, and belag in- cork, Polly held it towards the de- because the people concerned wore the prisoner were brought before capable of ordinary work, had not-tective, who raieed it to his nose, prosecuted. ed as a kind of hospital orderly, indulging in another long sniff. In this capacity he had seen a good deal of Hillyard, and had been able

"What do you call it?" he asked, to do him one or two good turns before his death. It seemed prob doing as she told him, then recork- able that Hillyard, knowing there ing the bottle and returning it. was no chance of living till the end of his time, had told Whitehead where the jewels had been de posited.

chief," said Polly.

"Put a drop on your handker-

Information Sought.

him charged with "an indictable offence committeed in the Colony. Mr. Fitzroy then referred his At the outset of this morning's Lordship to authorities dealing proceedings, Mr. Sayer asked for with the duties of a magistrate, Indication of what the de-remarling that he did so although fence would be, as he needed a the question had not beeh raised. itsguidance in view of the many He said it was quite clear that points involved in the case. He a magistrate should treat a case in understood that it would

be the same manner as ho would ong admitted that the tobacco formed that was brought before him with part of the ship's stores. a view to committal..

His Lordship remarked that he did not proposé to consider points that were not raised,

dunnow. I never heard name. Nice though, ain't it?" she

cried.

Very," said the sergeant drily and as he spoke, there was another tap at the door.

"That's Mr. Martin," she an nounced. "Come in!" she added, excitedly.

..

If he had been at Baynton Crescent," sald Inspector Pow, his finger prints would have tallied with those you found."

"He didn't go himself," answer- A shortish, broad-shouldered, ed. Galloway, "According to the fresh-faced • young man entered Governor, he wasn't fit for any-with a bunch of primroses in his thing of that kind. But he might hand, but seeing Galloway, he stop have got a pal to take the job on [ped abruptly.

Mr. Leask countered by asking what the charge appearing in the charge sheet was. They were summoned for merely being In possession of tobacco.

on

Warrant Issued. He admitted it was ship's stores,

Continuing, Mr.” Fitzroy" said but the charge did not make it clear what offence had been that the warrant was issued and go shares. Manser," Galloway 10's only someone to see father," committed by the Chief Steward January 21st, and on January 26th there was an order by the Go- continued, "is in touch with White Polly exclaimed, and Martin, tak- if it was an offence to keep it in

vernor. He would draw his Lord-| head. It was lils tip that led to ing off his soft hat, gave the de- his room. Strange's arrest last week." tective a friendly nad.

The point of the Captain having ship's attention to the fact that "He's that sort 1" said Pow. "I'll wait outside," suggested control of the ship and of his the preliminary warrant did give "Anyhow," Galloway continued, Galloway, and on the way to the responsibility, actual or nominal, the magistrate the right to try "I've asked Manser to see whether door, he managed to convoy to the for everything that occurred on the persons for certain acta and ho can't bring him here. I thought curate his wish for a word in pri- board, was argued at some length, thoso particular acts were set out and Mr. Sayer said that if such in the warrant. They were armed you'd like a few words with him."vate.

"You heard," suggested the In-141 take him out n chair."

"Look here, Polly," said Martin, tobacco was not reported, mat robbery, kidnapping, murder and necessarily In the formal docu-shooting with intent to murder, spector, "that Parkinson admits ha

"It won't hurt him to stand-ments provided, it was contraven in the Tung Koon district. went to the house on the night of

"Still, we won't be inhospitable," ing the Tobacco Ordinance, and magistrate was acting upon the the murder?""

Martin insisted. Picking up the person who was in possession warrant and his authority was cane-bottomed chair with half a of the tobacco was contravening founded on the warrant, back, he carried it on the landing, the Ordinance. The off nce there- The case is proceeding. whereupon the sergeant explained fore came under Section 15; and who he was.

of course, under Section 14 the tobacco dutiable. This latter was quite WD5 presumed to be

another point.

امي

"Still," urged Galloway, "there's no harm in hearing what White head has to say for himself. He seems to have been pretty thick with Hillyard."

Pow

The Captain's Duties.

On the point of precedent, Mr. Leask, asked if it was necessary for every ship to report its store of tobacco. The charge was against the Chief Steward, and if this man was not in possession of the tobacco, Mr. Leask could not think who ôlse on the sh could be in. possession of it. Certainly, it was not the Captain; he thought it

"I say,"exclaimed the curato explained, anxiously, "I hope old Redpath "Parkinson," "will come up before Mr. Howes at hasn't been getting into trouble." two. I want to peo Miss Fever-

"He'll have to come with me, "And sham-Martha Keene, too. I think anyhow" was the answer. I'll get you to tackle Redpath. I don't expect he'll get back for a Give him a hint not to be too hit. I didn't know whether you eager. He's got his knife in Par-could do anything for the girl. kinson. You'll see that girl at She doesn't look as if she ought to Little Oakham Street. Weird she be left." looks, propped up in bed, and paint- "I'll see what's possible," said ed as if she were going to a party Martin. "Yes, of course some Something ought to be done for thing must be done. I'll speak to her, Galloway.

my vicar. Well, sergeant, the poor A tender-hearted chap, Pow,girl will be wondering if I don't thought the Sergeant as he go back. I'm sorry." forth, taking a motor 'bus in Parlia A few minutes later Sergeant would be ridiculous to expect that ment Street, and getting off at the Galloway, standing on the landing, the Captain should leave his other corner of Marylebone Road at a heard slow steps and heavy breath- "few minutes past eleven. Having ing on the stairs. Then Redpath duties to take care of the tobacco. found the number in Little Oakham came into view, wearing his long evidence, that in the course of his A revenue officer stated, in Street, he made his way upstairs, overcoat and a greasy cloth cap: duties he went on board the Tung and reaching the top landing its thin, bearded face turned paler On on the morning of the 18th tapped at the front door.

when Inspector Pow's name was "Come in!"

instant. On entering the first- mentioned.

"Has ho copped anyone?" he declass saloon, which was on the manded."

upper deck, he noticed. a number

A girl's voice, by no means an unpleasant voice. He would have been astonished the next moment,

"Yes," answered Galloway,

If Inspector Pow had not warned "That young swell what did me him. The sight which met his the dirty?" said Redpath. The was ludicrous and pathetic Inspector told me I might have to enough. Though Polly Redpath's give evidence."

oyca

ho saw.

11

now," suggested the Sergeant.

"Straight to the Court?" "We'll look in at the Yard on the way," answered Galloway.

"Right on Just a word with my gal."

Entering the room, he left the

of cigarettes in tins and packages

in a glass cabinet, which was lock-

ed. The key of this, and also of

a second cabinet in the second-

class saloon, was produced by a member of the Chief Steward's

The

Minister, is inviting sixteen repre Mr. Bruce, the Australian Prime

sentatives, from each sido to attend an industrial peace conference at Canberra, at Easter.

': ·

LETTER GOLF SOLUTION.

Here is the solution to the puzzle on another page.

H

ME E

ROPE LIE RULE

staff who had both keys in his pos-and he was prepared to put the session. The Chief Steward then Captain in the box to prove that came forward and claimed the point. cigarettes as his property..

In Master's Custody.

face had been made up on the oé- "Better come along with me casion of Pow's visit, it was an even more elaborate work of art this morning. Beside the broken handled glass on the counterpane,

Speaking of the returns made by! lay an old number of an illustrated fashion journal and a cheap vanity

the ship to the Import and Export Office, Mr. Leask said it was cus- bag, but after the first, second

Giving further evidence, the tomary to make "nil" returns as Sergeant Galloway did not seem to door open, nodding to the curate be paying much attention to what and going to the bedside. Stoop-officer stated that it was his ex-far as cigarettes were concerned. ing over Polly, Redpath would have perience that tobacco carried by He pointed out the headings of No sooner had he entered and kissed her cheek, but not wishing river steamers while in port was the returns which read, "No. of shut the door than he began its surface to be disturbed, she always locked up and the key kept cases," etc, which, he argued were sniff. There was an eager, alert swiftly turned her hand, so that his in the custody of the master. If not meant to cover a few packets expression on his thin, pointed lips touched her hair.

the quantity was very small, the or a few tins of cigarettes. face. The room reeked of scent, a "You won't be long?" she cried. master of the ship sometimes lock- His Worship adjourned the case very pungent, uncommon scent. "An hour or so may be," he an-ed it away in his own cabin.

until Thursday next at 11.30 when Advancing towards Polly's bed, he swered: bit late to give you In answer to Mr. Leask, witness he will decide whether or not Mr. onified again. ·

dinner. Never mind. So long, produced a departmental order "I thought it was Mr. Martin," | Polly."

which he stated was circulated to Leask has a caso to answer. cried Polly, looking disappointed. Sergeant: Galloway, waiting on river steamers, The,, document Bho had taken great pains over her the landing, smiled grimly, mouth this morning, making her

(To Be Continued.). Ilps twice their natural thickness. (The characters in this story are Who is Mr. Martin?" asked lontiraly imaginary and no reference Galloway.

to living persons is intended.) ter.

THE MISSING LINK WAS

PIG.

PRIMAL APE-MAN "AN

· EXPLODED MYTH:

But, alas! the Nebraska tooth has now been definitely identified

atated that rasters would be pro- secuted if tobacco was found on board any, ship, if such tobacco was not in the custody of the mas-

Mr. Leask argued that he had no case to answer. He contended that the cigarettes found by the

as being that of an extinct wild revenue officers were ship's stores

and, if that was so, then the pro- Henry Fairfield per person to prosecute was the Osborn, president of the museum, Captain.

Professor

named the "missing link" "Hesper opithecus Haroldcooki!” in honour

Since 1922 a tooth found in after the finder of the tooth.

Order Complied. With..

Mr. Loask added that the key, the possession of the

an ancient river bed in Nebraska But now Professor William G. being in had been accepted by many Améri-Gregory, of the American Museum, Chief Steward, was in charge of can and British scientists ns beir who was one of the first to pro- the accredited agent of the Cap that of an extinct hesperopithecus claim that the tooth was an ape-tain and therefore, as far as the (or western monkey) of anthropold man's, has retracted his identifica departmental order was concerned, type

Thus the Nebraska tooth has

He admits that the tooth must that was complied with. Mr. Leask informed his Worship that

been held to be a proof that an ape- have belonged to a specimen of the the Captain of the Tung On had an existed on this continent prosptehunops, an ancestor of the never seen the order referred to millions of years ago,

pig-like peccary.

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